Tertiary Decree: accelerating the energy renovation of buildings

A key tool for the energy transition

The tertiary decree does not establish an obligation of means, but a obligation of resultsEach stakeholder must demonstrate a real reduction in energy consumption. This approach allows for strategic flexibility: building renovation, equipment modernization, or intelligent management of energy use. The overall objective remains the carbon neutrality by 2050.

"The tertiary sector decree marks a turning point: it commits the existing building stock to a logic of performance, not mere compliance, for the long term."

Buildings and stakeholders involved

This concerns all public or private commercial buildings whose activity area exceeds 1,000 m², including when these areas are distributed on the same land site. This includes: offices, shops, hotels, healthcare facilities, restaurants, schools or administrative buildings.
Even if the service sector activity subsequently declines, the obligations remain. Only the temporary buildings, the places of worship and the installations for defense use benefit from an exemption.

The owners, operators, tenants and local authorities They share responsibility: everyone must contribute to reducing the site's energy consumption. These commitments are often formalized in documents. energy performance contracts or shared management agreements.

Calculation methods and reporting obligations

Two paths are possible:

• Crelat : relative method, based on a percentage reduction compared to a stable reference year (excluding 2020).
• cabs : absolute method, with target values ​​set by type of activity (offices, hotels, healthcare facilities, etc.), updated by ministerial decree — the latest dating from November 2023.

Each year, consumption (electricity, gas, fuel oil, heating networks, etc.) must be declared on the ADEME's OPERAT platformThis one delivers a certificate of conformity and total Eco Energy Tertiary rating.

"OPERAT plays a central role: it is the national tool for monitoring, comparing and managing tertiary energy performance."

The 2024 tax return can be submitted until the September 30, 2025 From 2025 onwards, several additional obligations will apply, including:

• the implementation of BACS systems (Building Automation and Control Systems) for any installation with a power output greater than 290 kW;
• the strengthening of annual declarationsto be completed before the 31th December 2025.

Energy renovation: performance is the priority

To achieve the objectives of the tertiary sector decree, the energy renovation constitutes the major lever. Among the preferred actions:

• thermal insulation roofs, walls and joinery;
• boiler replacement by high-performance models or biomass boilers;
• connection to a district heating network powered by renewable energy;
• installation of BMS (Building Management System) to control lighting, heating and air conditioning according to actual occupancy.

These technical actions are often complemented by energy efficiency measures raising awareness of eco-friendly practices, automatic temperature regulation, switching off equipment when not in use.

Hellio supports service sector establishments in their energy management. The company helps industry players define an action plan, carry out the work, and ensure the followed by the Energy Performance Index (EPI)It also facilitates access to public assistance and to energy saving certificates (CEE).

Sanctions and controls

In the event of a breach — failure to declare or failure to achieve objectives — the competent authority may issue a noticeIf no correction is made, a fine is applied: up to €1,500 for an individual et €7,500 for a legal entityOffenders may also be publicly listed on the state website (a procedure known as name & shame).

Key dates 2025

• 1st January 2025 : obligation of a BMS system for buildings whose installed power exceeds 290 kW;
• September 30, 2025 : deadline for the 2024 declaration on OPERAT;
• 31th December 2025 : mandatory filing of annual consumption figures;
• enhanced energy compliance controls.

Anticipate these deadlines via energy audits et multi-year work plans helps ensure regulatory compliance and optimize operating costs.

Concrete examples of exemplary renovations

Several achievements demonstrate the effectiveness of the system:

• Replacement of communal boilers by condensing or biomass models, improving thermal efficiency by 25 to 35%.
• Connecting a nursing home to a heat network supplied 80% by renewable energies (wood or geothermal).
• Reinforced insulation roof terraces and glazed facades, combined with thermally broken joinery.
• Implementation of a BMS centralized: heating and lighting consumption is adjusted according to the actual occupancy rate.
• Replacing the light fixtures through LEDs and raising staff awareness of energy savings.

These operations not only allow us to reach the reduction targets set for 2030, but also to improve the thermal comfort, enhance the value of real estate assets and reduce greenhouse gas emissions.

"Commercial renovation is a sustainable investment: it combines performance, attractiveness and environmental responsibility."

A collective momentum towards carbon neutrality

The tertiary sector decree mandates a structural transformation of the French building stock. It stimulates cooperation between local authorities, businesses and property managers, while supporting energy innovation.
The SMEs in the service sector can benefit from financial incentives (tax credits, regional subsidies, CEE) to accelerate their projects.

Ultimately, compliance with the tertiary sector decree represents a economic and environmental advantage : a renovated building consumes less energy, costs less to operate and increases in value.