What is the BACS decree?
What are the obligations under the BACS Decree?
Concretely, the BACS Decree requires owners of new or existing tertiary buildings to equip themselves with an automation and control system to control their energy-consuming equipment:
- Heating, air conditioning, ventilation,
- Production of domestic hot water,
- Integrated lighting,
- On-site electricity production,
- And any equipment combining these systems.
This obligation only applies when the cumulative nominal power of the equipment in a building is greater than 290 kW (for the 2025 deadline) or greater than 70 kW (for the 2027 deadline). When the cumulative rated power of a building's equipment does not exceed 70 kW, it is exempt.
What are the deadlines for the BACS decree?
The timetable for the BACS Decree is as follows:
- From April 8, 2024 New buildings whose equipment has a cumulative nominal power greater than 70 kW must be equipped with BMS.
- From January 1, 2025 Existing buildings whose equipment has a cumulative nominal power greater than 290 kW must be equipped with BMS.
- From January 1, 2027 : Existing buildings whose equipment has a cumulative nominal power greater than 70 kW must be equipped with BMS.
This is each time the deadline for the installation of a new BMS (Technical Building Management), or the upgrade of an existing BMS to the standards set by the Decree.
What is a GTB?
Professionals in the sector speak of BMS (Technical Building Management) to designate an automation and controls system (BACS). This system is used to supervise, optimize and control the technical installations of a tertiary building:
- Heating, Ventilation and Air Conditioning (HVAC) systems,
- Plumbing installations,
- Distribution and production of electricity,
- lighting,
- Security, video surveillance, access control,
- Fire-fighting devices: alarms, extinguishing, etc.
What are the different classes of GTB for the BACS Decree?
The regulations distinguish BMS systems based on their energy performance. There are four classes of BMS systems:
- Class A: GTB with high energy performance
- Class B: Advanced GTB
- Class C: Standard GTB
- Class D: Energy inefficient GTB
Classes A and B are compatible with the objectives of the BACS Decree, class C may be compatible even if it is not recommended by the Ministry, and class D does not allow compliance with the requirements of the Decree.
How to finance the installation of a GTB?
- the typology of the building,
- its surface area,
- its climatic zone,
- the lifespan of the system in question.
Good to know: the CEE bonus is “enhanced” until June 30, 2024. Its amount is multiplied by 2 for a new GTB and by 1.5 for the upgrade of an existing one. Don't delay!
What checks on GTBs starting this year?
The decree published on February 22, 2024 specifies the control methods relating to installations benefiting from CEE via the standardized operation sheet BATH-116 “Technical building management system for heating, domestic hot water, cooling/air conditioning , lighting and auxiliaries. Clearly, this concerns the control of installations of class A or B GTB systems.
This decree establishes the methods of control by the administration.
What are the criteria that make an inspection of a BMS installation under BATH-116 form with Energy Certificate financing “unsatisfactory”?
The control criteria leading to an “unsatisfactory” classification for sheet BAT-TH-116 are detailed as follows 1.
- Missing Documents : If the beneficiary certifies in writing that he has not received the quote or proof of completion of the operation.
- Inadequacy of the Installed System : The installed or improved system must correspond to the mentions of the proof of implementation, in particular the class of the system according to standard NF EN ISO 52120-1: 2022. An inadequacy leads to an unsatisfactory classification.
- Simple connection : The operation relating solely to the connection to an existing building technical management system is classified as unsatisfactory.
- Upgrading a Class A or B System : If the operation improves a system already class A or B according to standard NF EN ISO 52120-1: 2022, it is considered unsatisfactory.
- System Class : The installed or improved system must be class A or B according to standard NF EN ISO 52120-1: 2022.
- Usage Management : Outside overseas, the system must manage heating use; overseas, cooling/air conditioning use must be managed.
- Sector of Activity : The sector of activity of the building must correspond to those provided for in sheet BAT-TH-116.
- Managed Areas : The areas managed by the system must not include spaces such as logistics warehouses, reserves, warehouses (cold or not), or storage rooms.
- Installed Sensors : The sensors installed for system management must be adequate in relation to the surfaces managed and the class of the system according to standard NF EN ISO 52120-1: 2022.
- Surface Gap : Outside overseas, the difference between the measured surface area linked to heating use managed by the system and the surface area declared in the sworn certificate must not exceed 10%. Overseas, the same rule applies for cooling/air conditioning use.
- Contact checks must verify the existence of a technical building management system installed or improved, the sector of activity concerned, and the absence of obvious non-quality detected by the beneficiary on the work carried out. Any deviation detected during the inspection leads to an unsatisfactory judgment.
What are the terms and conditions of the controls carried out on GTB installations in accordance with the BATH-116 standard sheet giving rise to financing of energy saving certificates?
The control methods for operations relating to the standardized operation sheet BAT-TH-116, according to the decree of February 22, 2024, are detailed as follows:
Nature of Control:
Operations initiated from March 1, 2024 are subject to either an on-site inspection or a contact inspection. These controls are mandated to verify compliance of operations with the criteria defined in the order and sheet BAT-TH-116.
Execution of the Control:
- On-site: On-site inspection is carried out after completion of the work. It concerns the visible and accessible parts of the installation without requiring drilling or destructive sampling. In the absence of visible elements, checks are carried out using any available document.
- By Contact: Control by contact is carried out according to the methods specified in the order, allowing remote verification of documentary aspects and perhaps certain technical criteria by exchange of information or documents.
Control Criteria:
The criteria for non-compliance (unsatisfactory) include the absence of necessary documents such as the estimate and proof of construction, inconsistencies between the installed systems and the mentions on the proof of construction, and non-management of uses specified (heating outside overseas, cooling/air conditioning overseas).
Consequences of an “Unsatisfactory” Ranking:
Any observation of obvious non-quality likely to negatively impact the performance, sustainability, or safety of the installation leads to the operation being classified as “unsatisfactory”. This may affect the issuance of EECs linked to the operation. These modalities aim to ensure the quality and efficiency of operations carried out under the CEE system, specifically for the technical building management systems covered by sheet BAT-TH-116, by establishing a rigorous control framework applicable from March 1, 2024.
What is the timetable for these checks?
The very precise schedule of obligations and control methods for operations relating to sheet BAT-TH-116 is defined as follows in the document:
Between 01/01/2024 and 02/29/2024: All checks are carried out by contact.
Between 03/01/2024 and 12/31/2024: 12.5% of operations must be controlled at the place of operations.
In addition to these on-site controls, 25% of operations must be controlled by contact.
As of 01/01/2025:
The percentage of controls at the place of operations increases to 15%.
In addition to these on-site checks, 30% of operations must be checked by contact.
This shows a progression in the requirement for on-site checks compared to contact checks, indicating a gradual increase in the rigor of checks over time.
What is the sanction or consequence of an “unsatisfactory” classification?
Fine ? Reimbursement of EECs? The decree does not explicitly specify the sanctions or direct consequences of an “unsatisfactory” classification for an operation within the framework of the energy savings certificate (EEC) system.
Usually, an "unsatisfactory" classification could lead to consequences such as the non-issuance of the EECs provided for the operation concerned, potentially requiring a correction of the non-conformities identified to obtain these certificates.
However, more specific sanctions such as fines or repayment obligations are not mentioned in the consulted sections of the document.
In general, the EEC system aims to encourage energy savings among end consumers (households, communities, businesses) by requiring energy sellers (electricity, gas, heat, cold, domestic fuel and automobile fuels) to achieve energy savings.
When an operation is classified "unsatisfactory", this mainly means that the expected energy savings are not validated and, therefore, the corresponding certificates cannot be issued to the entity having carried out or financed the work. This situation may require a reassessment or correction of the work to comply with the requirements and obtain a satisfactory classification allowing the issuance of CEEs.
