Tertiary Decree: what does the new decree say
Absolute Value 4?
After the Absolute Value 3 decree, published in the official journal in December, a new Absolute Value 4 decree has just been published.
It sets the objectives in absolute values to be achieved in 2030 for those subject to the Tertiary Decree, in new categories of activities which had not yet been defined:
- Ambient temperature logistics
- Laundry
- Hospital centers
- Sports establishments
- Parking
- Correctional institutions
- Medical-social establishments
- Judicial protection of youth
The absolute values concerning trade are still not known.
What are the objectives of the tertiary decree?
For each category, these absolute values are intended to be representative of high-performance buildings in the activity category, both in terms of intrinsic performance of the building (insulation, system performance) and sobriety of use. Clearly, old buildings will have to respect, by 2030, the performance level of the 25% least efficient buildings, renovated to the RT 2012 standard.
They are based, for each category of activity, on two subsets of values:
- “HVAC” values (representative of heating, ventilation, air conditioning consumption). They are established for 8 climatic zones and 5 altitude categories, with a reference climate, depending on the zone in which the building is installed.
- “USE” values (other consumption items, generally dependent on the intensity of use of the building), accompanied by a modulation formula to take into account the intensity of use of the building. That is to say the time range of the use in question in the building.
These objectives were established on the basis of different sources of information, and with the help of numerous contributions from stakeholders made as part of the consultation, whether in writing or during consultation meetings.
Thus for the modulation of objectives according to the volume of activity, the modulation formulas are modified as follows:
“Crelat modulated (V) 2030 = (1 – 0.4) × Cref × [Cabs modulated (V) / Cabs modulated (Vréf)].
“Crelat modulated (V) 2040 = (1 – 0.5) × Cref × [Cabs modulated (V) / Cabs modulated (Vréf)].
“Crelat modulated (V) 2050 = (1 – 0.6) × Cref × [Cabs modulated (V) / Cabs modulated (Vréf)].
How to respect the tertiary decree?
The new decree provides further details for taxable persons on the reference year and the calculation of the surface area taken into account, in particular:
Article 4: “In the absence of information on the reference year before September 30, 2027, the reference consumption corresponds to the consumption of the first full year of operation for which the energy consumption is reported on the OPERAT platform. »
“The reference year is between 2010 and 2022.”
Article 3: “The energy consumption area, the area over which all energy consumption is taken into account, including in particular the areas of indoor parking and technical premises of the functional entity, as opposed to the floor area. This surface is used to determine the surface consumption and the consumption levels expressed in relative value and in absolute value of the functional entity. »
This new Absolute Value 4 decree does not yet cover all tertiary activities. The remaining activities not yet covered will be the subject of another amending order in the coming months:
- Absolute Value Trade Order
- Absolute Values Order V for the rest (culture, media), as well as activities in the Overseas Departments and territories.
According to the decree of April 10, 2020, it is always possible for those subject to it to modulate the objectives, whether they are in relative value or in absolute value. This for several reasons:
- in the event of architectural constraints (listed buildings)
- technical constraints
- disproportionate investments. How to achieve a return on investment time of more than ten years for the installation of technical building management systems (BMS), provides the new decree.
By September 30, 2026, those subject to it will have to prepare modulation files to be submitted on the Ademe Operat platform, to justify their inability to achieve the energy performance objective set for 2030.
To find out more about modulation technical files
Who is affected by the tertiary decree?
As a reminder, the 1st Absolute Value I decree (in January 2021) set the absolute values for the categories of offices, public services, education and logistics.
The 2nd Absolute Value II decree (in April 2022) set the absolute values for other categories of activities in mainland France: early childhood (crèches, daycare) and higher education in particular:
Tertiary decree: What does the Absolute Values 5 decree say?
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