The Tertiary Sector Decree requires a gradual reduction in energy consumption in commercial and institutional buildings. To help property owners and managers achieve compliance, GA Smart Building leverages its complementary areas of expertise:
- GA Rénovation, dedicated to modernization, refurbishment, and energy performance improvement projects;
- GA Property Management and Services, specializing in building operations, energy management, and regulatory reporting.
This integrated organization addresses every aspect of the Tertiary Sector Decree, from energy audits to consumption monitoring, ensuring long-term and controlled compliance.
What Is the Tertiary Sector Decree?
The Tertiary Sector Decree, also known as the Eco Energy Tertiary Decree, is a regulatory requirement introduced under the French ELAN Law (Housing, Planning and Digital Development Act). It requires owners, landlords, and occupants of tertiary-sector buildings to achieve lasting reductions in energy consumption in support of the energy transition and France’s carbon neutrality objectives.
Effective since 2019, this framework represents a major shift by requiring tertiary-sector stakeholders to implement a structured, measurable, and continuously monitored energy improvement strategy. The decree contributes to enhanced energy performance, reduced greenhouse gas emissions, and the acceleration of ambitious renovation programs.
What Are the Energy Reduction Targets Under the Tertiary Sector Decree?
The decree establishes progressive targets for reducing final energy consumption compared with a reference year selected between 2010 and 2019:
- 40% reduction by 2030
- 50% reduction by 2040
- 60% reduction by 2050
These targets may be achieved through improvements in building energy efficiency, changes in building use, or a combination of both.
Energy consumption data must be reported annually through OPERAT (Observatory for Energy Performance, Renovation and Tertiary Sector Actions), managed by ADEME. The platform assigns a performance score, tracks annual progress, and verifies compliance with regulatory targets.
Which Buildings Are Covered by the Tertiary Sector Decree?
The decree applies to:
- Buildings (or parts of buildings) used for tertiary activities such as offices, retail premises, educational institutions, hotels, healthcare facilities, and similar uses;
- Buildings with a floor area of 1,000 m² (10,764 sq ft) or more;
- Buildings belonging to a larger real estate complex where the combined floor area reaches this threshold.
The decree applies to both property owners and tenants, each of whom must contribute to compliance according to their respective responsibilities.
What Are the Penalties for Non-Compliance?
Administrative Penalties
If energy consumption data is not reported to OPERAT or if regulatory obligations are not met, the Prefect may formally require the owner or operator to comply within a specified timeframe.
Financial Penalties
If the compliance notice remains unresolved:
- Fines of up to €1,500 may be imposed on individuals;
- Fines of up to €7,500 may be imposed on legal entities.
Public Disclosure
The decree also includes a “name and shame” mechanism. Non-compliant organizations may be publicly identified, potentially damaging their reputation with partners, customers, and investors.
Ongoing Obligation to Comply
Penalties do not exempt stakeholders from their obligations. Even in cases of delay or fines, the parties concerned must still meet the regulatory requirements.
Why Is the Tertiary Sector Decree Important for Building Owners and Managers?
Beyond regulatory compliance, the decree represents an opportunity to modernize and enhance the value of real estate assets.
Bringing a building into compliance means:
- Reducing energy-related operating costs;
- Improving occupant comfort and user experience;
- Enhancing asset value through improved energy performance;
- Anticipating future environmental requirements and increasing rental attractiveness.
Organizations that undertake this process gain stronger control over their energy data and benefit from continuous monitoring of building performance.
How Does GA Smart Building Support Compliance with the Tertiary Sector Decree?
Drawing on its expertise in renovation, engineering, and property management, GA Smart Building supports both public and private sector organizations in achieving compliance.
Energy Audit and Assessment
GA Smart Building teams conduct a comprehensive review of energy consumption and identify priority improvement opportunities, including:
- Insulation;
- Ventilation;
- Lighting;
- Heating and cooling systems;
- Technical equipment and building systems.
Energy Renovation and Building Adaptation
The work required to achieve the decree’s objectives is carried out by GA Rénovation, which specializes in:
- Major refurbishments;
- Energy renovation projects;
- Upgrading building envelopes and technical systems;
- Adapting spaces to improve usage and performance.
Long-Term Performance Management and Monitoring
Digital tools developed by GA Smart Building facilitate the preparation and validation of data submitted to OPERAT, helping to secure regulatory compliance.
They also provide:
- Continuous performance monitoring;
- Rapid detection of performance deviations;
- Long-term control of energy targets.
These capabilities integrate seamlessly with the services provided by GA Property Management and Services, which combines technical management, maintenance, and day-to-day energy monitoring.
Comprehensive Support: From Renovation to Regulatory Reporting
Through the combined expertise of GA Rénovation and GA Property Management and Services, GA Smart Building ensures operational continuity across all stages of compliance:
- Renovation work and energy performance improvements;
- Building operations, technical management, and performance monitoring;
- Annual energy consumption tracking and reporting through OPERAT.
This integrated approach ensures long-term compliance with the Tertiary Sector Decree while optimizing building energy performance throughout the asset’s lifecycle.
FAQ – Everything You Need to Know About the Tertiary Sector Decree
What Are the Requirements of the Tertiary Sector Decree?
The Tertiary Sector Decree requires covered organizations to:
- Reduce the final energy consumption of their buildings in line with regulatory targets:
- 40% by 2030
- 50% by 2040
- 60% by 2050
- Report energy consumption annually through ADEME’s OPERAT platform, selecting a reference year and tracking their reduction pathway.
- Implement an action plan (renovation works, system optimization, or improved operational practices) if targets are not being met.
These obligations apply to both property owners and occupants, each contributing to the building’s overall energy performance.
Which Buildings Are Considered Tertiary Buildings?
A tertiary building is a building (or part of a building) primarily used for service-sector activities, including:
- Offices
- Retail premises
- Healthcare facilities
- Educational institutions
- Hotels
- Administrative buildings
- Cultural facilities
- Tertiary logistics facilities
These buildings are subject to energy performance obligations when they have a floor area of 1,000 m² (10,764 sq ft) or more, either individually or as part of a larger real estate complex.
Who Is Subject to the Tertiary Sector Decree?
The following stakeholders are concerned:
- Owners of tertiary-sector buildings;
- Tenants and operating occupants;
- Property managers when they are responsible for the site’s operations.
Each party contributes to achieving the targets according to the aspects of building use and operation under their control.
Which Buildings Are Covered by the BACS Decree?
The BACS Decree (Building Automation and Control Systems Decree) requires the installation of building automation and control systems in:
- New tertiary-sector buildings;
- Existing buildings equipped with heating or air-conditioning systems with a rated output exceeding 70 kW.
Its purpose is to automatically optimize energy consumption related to HVAC systems, lighting, ventilation, and other building services.
What Is the Deadline for Compliance with the Tertiary Sector Decree?
Energy consumption data must be reported annually through OPERAT before September 30.
The first reduction target (40% by 2030) must be achieved progressively according to the chosen compliance pathway.
What Are the Penalties for Non-Compliance?
In the event of non-reporting or the absence of a corrective action plan, public authorities may disclose the names of non-compliant organizations through a “name and shame” mechanism.
Financial penalties may also be imposed, particularly where authorities determine that compliance obligations have been deliberately ignored.
How Can Organizations Achieve the Decree’s Objectives?
Possible strategies include:
- Energy renovation projects;
- Upgrading building systems (HVAC, Building Management Systems/BMS);
- Reducing operational energy consumption;
- Improving internal practices and occupant behavior;
- Installing high-performance or low-carbon equipment.
GA Smart Building supports clients across all these areas through its expertise in comprehensive renovation projects and energy performance management.
Which Areas Are Excluded from the Tertiary Sector Decree?
The following are excluded:
- Temporary buildings;
- Places of worship;
- Defense, security, and civil protection facilities;
- Certain agricultural buildings or unheated structures.
