Time for action! The first so-called “learning” year of the Tertiary Decree is over, according to the terms of the Ministry of Energy Transition. After a period of tolerance, the regulations come into full force, notably with the Eco Energy Tertiary rating of each functional entity subject to it.
Who is affected by the tertiary decree?
As a reminder, the Tertiary Eco Energy System (DEET) launched in 2019 and better known as the Tertiary Decree requires subject tertiary buildings (over 1000m2) to reduce their consumption by 2030 and ultimately 2050.
This concerns office, administration, educational buildings, hotels/restaurants, shops and even museums.
Each year, an owner or tenant must declare their consumption on the OPERAT platform. Ademe will thus evaluate the consumption reduction trajectory according to the assigned objectives.
What are the objectives of the tertiary decree?
The objective to be achieved, depending on the categories of buildings, is set in two ways:
- in relative value -40% by 2030 compared to consumption in the reference year, -50% by 2040, -60% by 2050
- in absolute value with an objective to be achieved in absolute value according to the typology of buildings and the geographical area
The 1st Absolute Values I decree (in January 2021) set the absolute values for the categories of offices, public services, education and logistics.
The 2nd Absolute Values 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.
How to take action to achieve your goals?
How to respect the tertiary decree?
Since September 30, 2023, all taxable persons must have declared their energy consumption for the year 2022 on the Ademe OPERAT platform. Each has been assigned an objective in absolute value or in relative value to be achieved by 2030. And now each subject functional entity receives a Tertiary Eco Energy Rating, year after year, with the declaration of the current year and a note to attest or not to its reduction in consumption.
This note will be made public and annexed to the sale or rental document for the property. An energy-efficient property will see its value increase and, on the contrary, a very energy-intensive property will be discounted.
What is the green value of a building?
Green Value is the additional net value of a property generated through better environmental performance.
entale.
Improving green value therefore involves:
- energy sobriety - more economical uses by building occupants (heating, air conditioning)
- energy efficiency - minimized energy consumption for identical service (LED lighting for example)
And now it is possible to compare the green value of buildings, thanks to the tertiary decree which will therefore make their ratings public.
Review our webinar “How to add value to your real estate portfolio?” »
The control mission is carried out by the competent Prefect, depending on the location of the buildings.
The owner or tenant of the buildings concerned must be able to provide supporting consumption data for the reference year, upon simple request from the administrative authority, within 3 months. Random checks may be carried out each year to verify the accuracy of the information.
What sanctions?
The names of poor performers may be made public and fines imposed in the event of non-compliance with the objectives:
-up to €1,500 for individuals per site
€ 7,000 for legal entities per site
For latecomers on the last declaration on 09/30/2023 and for those who have made declarations deemed “incoherent” by Ademe, or who have declared, but forgotten to validate their declaration, reminders by email or post to them are sent.
Ademe indicates that it is considering strengthening current sanctions in the event of non-declaration or non-compliance with assigned objectives.