This article is about the decree no. 2019-771 from 2019/07/23, known as the “tertiary sector decree”, issued to reduce energy consumption in the tertiary sector (15% of national consumption).
An “Eco Energie Tertiaire” scheme has been set up to meet the decree’s objectives.
Owners and occupants of commercial buildings over 1,000 m² now have 3 obligations:
– Reduce energy consumption
– Communication of data on the OPERAT platform
– Attach an “assessment of compliance with the obligation” to the lease contract.
To avoid the penalties provided for in the text, lessees and lessors must determine the measures to be implemented to meet the targets set.
Motivations
Commercial real estate = 15% of French energy consumption and 10% of GHG emissions. 800,000,000 m² affected nationwide.
This decree specifies the new requirements for reducing energy consumption in commercial buildings.
Implementation :
– “Method” decree from 2020/04/10 details the rules for modulating reduction targets and the methods for calculating these consumption reductions.
– Decree n°2021-1271 from 2021/09/29 slightly modifies the articles of the Code de la construction et de l’habitation amended by the decree.
– Decree “Absolute values II” from 2022/04/13 completes the “Method” decree and sets maximum levels of final energy consumption in certain categories of activity.
Deadlines
General objectives :
– Reduce final energy consumption by at least 40% by 2030, compared with 2010.
– Reduction in final energy consumption, compared with 2010, by at least 50% by 2040.
– Final energy consumption to be reduced by at least 60% by 2050, compared with 2010.
Declarations for 2022 to be made no later than 2023/09/30 (date of generation of 1st digital attestation on OPERAT).
A technical modulation file (optional but may be useful) can be submitted up to 09/30/2026.
1st verification of target compliance on 2031/12/31 (2nd in 2041, 3rd in 2051).
Scope of application
Existing buildings, parts of buildings and groups of buildings with a floor area equal to or greater than 1,000 m², housing a commercial or non-commercial activity.
Areas devoted to non-tertiary activities ancillary to tertiary activities are included in the scope of application.
Groups of buildings on the same site or land unit also fall within the scope if the total is greater than or equal to 1,000 m².
Decree from 2020/11/24: a tertiary activity is “a market or non-market economic activity that does not fall within the primary or secondary sector”.
The decree contains obligations applying to both lessor and lessee. On 2022/11/17, french Conseil d’Etat ruled that this would not pose a problem of legal certainty.
Sources :
https://www.edf.fr/entreprises/le-mag/le-mag-entreprises/decryptage-du-marche-de-l-energie/tout-savoir-sur-le-decret-tertiaire-obligations-et-solutions-pour-reduire-vos-consommations-d-energie
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000038812251
