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Tertiary Decree: what changes in September 2025

Posted on September 18, 2025


Annual declaration before 09/30, new decree extending provisional certificates, update of features on the OPERAT platform, find out all about the latest news on the Tertiary Decree.  

 

Reminder of the 2024 annual declaration

Those subject to the Tertiary Eco Energy Decree must declare their energy consumption for the year 2024, before 09/30/2025 on the Ademe OPERAT platform.

Rigorous collection of data on all your consumption is therefore essential:

  • Multi-flow meters data with varied statements' periodicities (up to 6 months)
  • Under-slip data to refine your consumption by use or be able to dedicate those linked to electric vehicle recharge infrastructure
  • Billing data for your energy suppliers
  • Temperature, brightness or humidity sensors

A common source of error is the incorrect distribution of consumption of common areas between tenants:

  • It is imperative to integrate these consumptions to obtain a declaration faithful to reality.
  • It is necessary to mandate clearly who does what between donors and tenants to avoid omissions.

To do this, use high-performance monitoring systems, such as our DATAMARC NEO platform, to guarantee reliable and accurate readings.

Each year, subject buildings are assigned Tertiary Eco Energy ratings, attesting to their consumption reduction trajectory with a view to the 2030 deadline.

The first grades were issued by Ademe in January 2025 for consumption declared on Operat for the year 2023.  



A new decree which profoundly modifies the application of the Tertiary Decree


It's official: the decree of August 1, 2025 (published in the Official Journal on September 6) profoundly modifies the application of the Tertiary Decree.

  • Publication of the latest missing absolute values ​​(shops divided into 14 subcategories, cinemas, funeral services, banks)
  • Annual certificate now integrated and directly accessible in OPERAT




  • The certificate remains provisional until July 1, 2026 and its display , provided for in articles R.174-31 and R.174-32, is optional in the building until this date.
  • Replacement of several annexes of the “method” decree of 04/10/2020 with new annexes and climate adjustment coefficients
  • Introduction of Liquefied Natural Gas (LNG) as a non-renewable primary energy, in the table of conversion factors into final energy (LNG=0.238)

Following this decree of August 1, 100% of the estimated consumption of the buildings subject to the regulation would be covered according to the Ministry of Ecological Transition.  




The Tertiary Decree is now entering a new phase: after the 2030 objectives, which are now all known, it is time for actions and results. 

Feature Update on OPERAT

Ademe, in charge of the OPERAT platform, has recently carried out a update to integrate new features.

It is now possible to designate a Subject Functional Entity (EFA) via the National Buildings Reference System (RNB) to declare it on the platform.

Each EFA must be declared at the local level with its Unique Building Identifier (IUB), which contains cadastral information (parcel), as well as a name left open for entry by the taxable persons or their representative.

But in the case of multiple occupations on the same building, the declarants must agree on the name chosen.

To facilitate and make the declaration of an EFA on OPERAT more reliable, it is now possible for all taxable persons to identify the building concerned on a map using the National Buildings Reference System (RNB) selector.

A feature available for any new entry or for a stock of EFAs already declared.  




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