According to a recent study published by ADEME on the energy performance of the French tertiary sector*, 996 million m² of the total tertiary sector (1.2 billion m²) are subject to the Tertiary Eco Energy Decree.
Among those subject to it, 57% carried out their consumption declaration procedures on the ADEME OPERAT platform. The figures taken into account by ADEME concern declarations for the year 2021.
Who are subject to the Tertiary Decree?
Case of liability
When declaring assets, taxable persons have the possibility of selecting the tax liability case which corresponds to their situation from the following possibilities:
- building exclusively housing tertiary activities with one or more EFA (Liable Functional Entities)
- part of mixed-use building housing tertiary activities
- set of buildings located on the same land unit or on the same site hosting tertiary activities
According to the ADEME study, 78% of declared EFAs are located in an exclusively tertiary building:
Owner or tenant
The analysis also shows the distribution between occupying owners and non-occupying owners, therefore sites occupied by tenants:
Geographic distribution
The metropolises of Paris, Aix Marseille, Lyon and Lille concentrate the majority of surface areas and energy consumption declared on the OPERAT platform:
How to comply with the Tertiary Decree?
Promulgated as part of the Elan law in 2018, the Tertiary Decree requires owners and operators of tertiary buildings to reduce their energy consumption significantly in the years to come. This objective is part of a broader approach to reducing greenhouse gas emissions and energy transition in France.
The buildings concerned must reduce their final energy consumption by 40% by 2030, 50% by 2040, and 60% by 2050 (or a target to be achieved in absolute value) compared to a reference year chosen between 2010 and 2019.
As of January 31, 2024, 291,486 EFAs were declared on OPERAT.
Of these, 235,483 have at least one consumption declaration (i.e. 81%), which means that 56,003 EFA have not yet been subject to a consumption declaration (19%).
A significant part of the declarations is concentrated on the month preceding the deadline. This observation highlights the effect of the regulatory deadline set at September 30 on the rate of declarations:
As of January 31, 2024, nearly 740,000 consumption declarations have been made on OPERAT (of which 76% are validated):
At Sobre Energie, we can support you in your consumption declaration as of 09/30/2024 and in your Tertiary Decree strategy:
- monitor your consumption on your EFA with the dedicated module on our DataMARC platform
- prioritize your energy performance actions with our digital audits
- manage your actions with the advice of our energy managers