Reduction of energy consumption in tertiary buildings

Verified 26 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The buildings, parts of buildings or groups of buildings of which at least 1,000 m² of the area is dedicated to activities tertiary must meet energy consumption reduction targets by 2030, 2040 and 2050. Owners and tenants of such infrastructure must transmit annually energy consumption of these buildings on the platform OPERAT. We're explaining the regulations.

General case

The buildings concerned by the obligation to reduce their energy consumption are buildings, parts of buildings or groups of buildings existing buildings for tertiary use located in Metropolitan France, Guadeloupe, French Guiana, Martinique, Reunion and Mayotte.

All of the following buildings are affected:

  • Any building hosting exclusively activities tertiary on a floor area of 1 000 m² or more. Floor areas devoted to non-tertiary activities (e.g. industry) related to tertiary activities shall be taken into account for the submission to the obligation.
  • All parts of a mixed-use vessel who host tertiary activities on a combined floor area of 1 000 m² or more
  • Any set of buildings situated on the same land unit or on the same site where those buildings host tertiary activities on a combined floor area of 1 000 m² or more

FYI  

Such buildings, parts of buildings and groups of buildings subject to the obligation are also referred to as ‘ obliged functional entities (EFA) ”.

The owners of the EFAs and, if any, the lessees are subject to these obligations for actions that fall within their respective responsibilities (e.g. indicated in the lease). They must jointly define the actions to comply with this obligation and individually implement the means corresponding to their responsibilities.

Exemptions

Owners and, if any, lessees are exempted from the energy reduction obligation for the following buildings:

  • Constructions which have given rise to a precarious building permit
  • Buildings, parts of buildings or groups of buildings for worship (churches, etc.)
  • Buildings, parts of buildings or combinations of buildings in which an operational activity is carried out for the purposes of defense, civil security or internal security of the territory

Determination of objectives

All obliged functional entity (EFA) duty achieve one of the following objectives :

  • Either, in relation to a reference energy consumption between 2010 and 2019, a level of final energy consumption reduced by :
    • 40% by 2030
    • 50% by 2040
    • 60% by 2050
  • Either a final energy consumption level fixed in absolute value, according to the energy consumption of new buildings of their category. This level shall be set on the basis of specific reference intensity of use indicators for each category of activity adjusted to the reference climatic conditions.

In order to be in compliance, a vessel must achieve at least one of the 2 objectives.

Please note

These objectives are automatically calculated by the OPERAT platform on which the energy consumption declarations are to be made.

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Reference energy consumption

The reference energy consumption shall be the total energy consumption, broken down by type of energy consumed for the operational needs of tertiary activities within the Unionobliged functional entity (EFA) for the reference year.

The reference year:

  • Either is included between 2010 and 2019, or corresponds to first full year of operation whose energy consumption is reported on the OPERAT platform.
  • Must be 12 consecutive months. The starting and ending dates of the reference year must be specified on the OPERAT platform.

Please note

In the absence of a choice of reference year before 30 September 2027, the reference consumption shall be consumption in the first full year of operation whose energy consumption is reported on the OPERAT platform.

Detailed energy consumption data:

  • Must be supplied from invoices or any other appropriate means having equivalent effect
  • Must be measured or allocated by allocation (e.g. for a given consumption of a building, in proportion to the tertiary area subject to the obligations)
  • Are supplemented by the corresponding area, in particular if there has been a change in the area subject to the obligation between the reference year and the first annual energy consumption data run

For buildings new, the reference energy consumption established on the basis of the first full year of operation may be corrected at the end of the phase of commissioning and adjustment of the technical systems of the building. This correction must be made within 3 years of the date of receipt of the vessel.

The reference energy consumption tertiary premises subject to the obligation:

  • Is expressed in kWh/m²/year of energy consumption area
  • Adjusted for climatic variations by the OPERAT platform (depending on the weather station of the most appropriate department chosen by the registrant or, failing that, by OPERAT)
  • Is noted Cref
  • May be reconstituted for EFAs that include other non-tertiary activities subject to the obligation and that do not benefit from differentiated energy consumption data between different premises. This reconstruction is based on the characterization of the existing situation and its comparison with historical activity data.

Please note

At the request of the administration (e.g. the prefect), the company subject to the obligation must be able to provide the proof of energy consumption in the reference year (invoices, etc.), within 3 months. This information may be provided by hiding any contractual and pricing information contained therein.

In case of partial occupancy of obliged functional entities (EFA), it is permissible to reconstruct the reference energy consumption by applying the final energy consumption ratios, expressed in kWh/m², from the exploited parts to the unexploited parts. Reconstitution instructions must be completed or imported on OPERAT.

Absolute value

The objective for the level of final energy consumption in absolute terms shall be:

  • Determined automatically by the OPERAT platform, for each category of activity identified, and for all its energy uses
  • Expressed in kWh/m²/year of energy consumption area
  • Rated Cabs
  • Determined for 2030, 2040 and 2050

Please note

This level of consumption expressed in absolute value Cabs is equal to the sum of two components of energy use, respectively relative:

  • The general thermal environment and ventilation of the premises (“HVAC” )
  • Specific energy uses specific to the activity and other real estate uses such as domestic hot water and lighting (‘USE’)

Objectives in the event of a change in tertiary activity

In case of change in the nature of an activity tertiary in a obliged functional entity (EFA), the new final energy consumption targets to be taken into account for the application of the obligation are:

  • The target in relative value, for the 2030, 2040 and 2050 time horizons, established on the basis of the initial reference consumption level, to which the ratio between the absolute consumption levels set for the new activity and for the previous activity is applied
  • The objective in absolute value at the same horizons, corresponding to the new activity

Please note

These objectives are automatically calculated by the OPERAT platform on which the energy consumption declarations are to be made. In order to be in compliance, a vessel must achieve at least one of the 2 objectives.

In a new lease or acquisition, newly obligated persons may to benefit from taking into account consumption in the reference year. They must declare the EFA(s) they succeed by completing the following in OPERAT:

  • The identification number of these EFAs from the OPERAT platform, provided by their successors
  • Affected areas for each EFA they succeed
  • Ownership Start Date

Otherwise, the reference year may not be earlier than the date on which the change of the person subject to the obligation took place.

The actions to achieve reduction targets shall cover in particular the following:

  • Energy performance of buildings
  • Installation of high-performance equipment and devices for monitoring and active management of such equipment
  • Operation of equipment
  • Adaptation of premises to energy-efficient use and occupant behavior

Please note

These actions must not lead to an increase in the use of non-renewable energies or to an increase in greenhouse gas emissions. This applies in particular in the event of a change in the type of energy used (heat, electricity, etc.).

Subsequent consumptions may be deducted from the consumption of buildings in achieving these objectives:

  • The fatal heat self-consumed by obligated buildings from such buildings or non-tertiary buildings on the same site
  • The energy consumption associated with charging any electric and hybrid rechargeable vehicle

The platform “ Mission Ecological Transition allows the company to discover the aids that can benefit it, notably in the context of an energy renovation.

Know the support and financing for a company's green transition project

General conditions for modulation

These objectives can be modulated based on:

  • Technical, architectural or heritage constraints relating to the vessels concerned
  • Change in the activity pursued in such buildings or volume of this activity. For example: a change in the audience's time range can significantly change the amount of energy spent by the building.
  • Clearly disproportionate costs actions in relation to the expected benefits in terms of final energy consumption. This must be justified on the basis of technical and financial arguments.

The modulation of the final energy consumption reduction objectives for technical, architectural or heritage constraints can be implemented where certain actions may contribute to the achievement of the objective :

  • Run a risk of pathology of the frame, affecting in particular the structures or the enclosed space of the building
  • Result in significant changes the condition of the external parts or architectural and decorative features of the construction, in contradiction with the rules and requirements laid down for:
    • Historical monuments classified or inscribed, remarkable heritage sites or around historic monuments
    • Registered or classified sites
    • Buildings subject to regulations concerning their external appearance and the conditions of alignment on the road and minimum distance from the boundary separating them and the layout of their surroundings
    • Buildings, buildings or architectural complexes which have received the 'Remarkable contemporary architecture' label
  • Not in conformity with all others easements relating, in particular, to the right to land, the right to property, the safety of property and persons or the appearance of facades and their layout

The modulation targets for the reduction of final energy consumption according to the volume of activity shall be implemented on the basis of reference intensity indicators specific to each category of activities. She's automatically performed by OPERAT.

Justification of the modulations by a technical file

Contents of the technical file

The modulation of the final energy consumption reduction targets shall be subject to a technical file established under the responsibility of the owner or lessee. He must give the reasons for these changes.

Please note

Modulation based on only on the activity volume do not require the creation of a technical file and shall be drawn up automatically by OPERAT.

The technical file shall be established in particular to justify adjustments to the energy consumption reduction targets, which cover all the energy uses of buildings: heating, cooling, ventilation, lighting, domestic hot water and all other uses specific to the activity or activities concerned, as well as awareness-raising actions on energy-efficient uses.

The technical file shall include:

  • One energy study on measures to improve the energy and environmental performance of buildings resulting in a reduction in final energy consumption and corresponding greenhouse gas emissions.
  • One energy study on actions to reduce equipment consumption related to specific uses.
  • One identification of measures relating to the adaptation of premises energy-efficient use and on the behavior of the occupants
  • One programme of actions to achieve the objective, which builds on all existing policy levers (energy performance of buildings, adaptation of premises to energy-efficient use, etc.)

The technical file may be supplemented, depending on the nature of the modulations to which it is subject, by:

  • For justifications of technical constraints, the specific technical note justifying the modulation of the objectives
  • For justifications of architectural or heritage constraints, the detailed opinion justifying the modulation of the objectives
  • In the event of a clear disproportion of the cost of the measures in relation to the expected benefits in terms of final energy consumption, the calculation note of the gross return on investment times of the program of measures to improve the energy performance of the building justifying the modulation of the objectives

FYI  

The main evidence for modulation objectives or non-achievement of objectives are summarized in a standardized CSV format table, the content of which is available in an order (Annex IV). This file must be saved to OPERAT.

One technical file template is available in the same annex.

Energy studies

The 2 energy studies must be carried out by a provider or providers or personnel with demonstrated competence in the energy of the building, equipment and processes operated within the tertiary premises concerned. They may include:

  • An external contractor or internal staff competent to carry out an energy audit, in accordance with criteria laid down in a decree (annex)
  • A consultancy firm or a consulting engineer, in particular for the energy study of measures to reduce consumption of equipment related to specific uses
  • An architect, particularly for justifications for technical, architectural or heritage constraints.

The contents of the two energy studies are detailed in a Order (points II and III).

Identification of actions

L'identification of actions relating to the adaptation of premises to energy-efficient use and the behavior of occupants includes:

  • A brief description of the reference configuration of the building and the layout of the premises, and of the use of those premises
  • Identification of possible arrangements for premises and workstations, changes in behavior, organization and technical adjustments which would make it possible to contribute to energy-saving use. It shall also include an assessment of the potential energy gains on each of the energy consumption items concerned.
Action program

The programme of actions has the following objectives:

  • Summarize for each main action levers, the actions which have already been carried out and those which are planned, with an indication of their expected completion date. They all need to be mobilized in order for modulation to be granted.
  • Quantify the energy gains and greenhouse gas emissions already achieved from the actions already carried out and assess those expected from the actions still to be implemented
  • Identify for each planned action whether it is the responsibility of the owner and/or the lessee

Reminder

The main action levers aimed at achieving the objectives of reducing the energy consumption of tertiary buildings shall include:

  • Energy performance of buildings
  • The installation of high-performance equipment and devices for the active control and management of such equipment
  • Operating procedures for equipment
  • The adaptation of premises to energy-efficient use and the behavior of occupants

Specificities of certain modulations

Certain modulations are subject to specific rules:

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Technical, architectural or heritage reasons

The modulation of objectives according to technical, architectural or heritage constraints concerns actions:

  • Improving the energy and environmental efficiency of the building
  • Adaptation of premises for energy-efficient use in which the tertiary activities are housed

The persons subject to the obligation must justify this modulation of the objectives on the basis of the energy study on actions to improve the energy performance of the building, which forms part of the technical file.

For justifications of technical constraints, the persons subject to the obligation must rely on a technical note specific prepared by a competent professional in the areas of energy performance improvement actions to be carried out. This competent professional may be: an architect, a qualified consultancy or any other technical reference, including internal.

For justifications of architectural or heritage constraints, persons subject to the obligation shall seek the detailed opinion of:

  • For historical monuments classified, of a chief architect of historic monuments or an architect with a diploma in architecture specialization and deepening mention "architecture and heritage" or any other recognized diploma of equivalent level
  • Of a architect, for listed historic monuments, buildings located on or near a remarkable heritage site, buildings that have been awarded the ‘Architectural quality’ label and buildings that are protected or subject to architectural prescription

Volume of activity

The modulation of objectives according to the volume of activity is performed automatically by the OPERAT platform under the following conditions:

  • The person subject to the obligation shall provide information on the collection and monitoring platform on the values of the intensity of use indicators related to hosted activities. Their validation by the person subject to the obligation constitutes a commitment on the honor and the documents justifying these values are made available to the services of the State on simple request
  • The platform OPERAT sets the new Cabs consumption level (objective in absolute value) modulated
  • The platform OPERAT then proceeds automatically, on each declaration, the modulation of the Crelat final energy consumption level (target in relative value), for each of the ten-year maturities

One consistency test comparison between the indicators of intensity of use of the reference consumption and the reference consumption Créf is carried out automatically by the OPERAT platform. In the event of a significant deviation from the modulated Crelat objective in relation to these two comparative values, the administrative authority may carry out a more detailed verification of the information collected on the platform.

The change in the value of the intensity of use indicators and the related supporting documents are logged on the collection and monitoring platform.

Clear disproportion of the cost of actions to the expected benefits

The clear disproportion of the cost of actions to reduce energy consumption, in order to achieve one of the objectives, in relation to the expected benefits in terms of final energy consumption, may be invoked solely on the basis of a calculation.

This requires that the estimated gross return on investment of the overall cost of one of the levers of action to improve the energy and environmental performance of buildings, less any perceptible financial aid, or more than:

  • 30 years for renovation actions to improve energy and environmental efficiency of the buildings relating to their envelope (parts of the building that insulate against the elements and keep the air cool inside: roof, walls, including doors and windows, and waterproofing elements below ground level).
  • 15 years for work to renew the building's energy equipment (excl. consumables: bulbs and other spare parts for routine maintenance of equipment)
  • 10 years for the implementation of systems and equipment optimization and operation system, aimed at the management, regulation and optimization in operation of energy equipment

The calculation of the gross return on investment time of each of the action levers must be carried out independently of the commitment of the other action levers.

When the obvious cost disproportion is established, an optimization of the distribution of the overall cost of the actions and of the energy gains must be sought between each of the three levers of actions (improvement of energy and environmental efficiency, renewal of the energy equipment, system of optimization and operation of the systems and equipment).

The objectives of reducing energy consumption can be modulated based on:

  • Of a technical and energy study that evaluates the differential between the level of the thermal scenario that achieves the Cabs target consumption level
  • Of a modulated thermal scenario enabling the threshold values of the gross return on investment times defined for each of the action levers to be complied with

Please note

When the EFA are located on the same land unit or on the same site as non-tertiary activities, the person subject to the obligation may also supplement the evidence he provides on economic disproportion modulation with results of overall energy consumption reduction obtained at the site or land unit level. These results must be based on hard evidence.

Reporting modulations on OPERAT

The modulations must be reported on OPERAT no more than 5 years after the first consumption roll-up maturity of each decade. For example: no later than September 30, 2027, for the decade 2020, with the first due date being September 30, 2022 for 2020 consumption.

They can be updated at any time.

The main ones supporting evidence for the adjustment of objectives are monitored on the collection and monitoring platform. Upon request of the administrative authority (e.g. the prefecture), the person subject to the obligation shall provide the modulation technical file objectives within 15 days so that further verification of the proof of modulation of objectives is carried out.

Owners of buildings or parts of buildings and, if any, lessees, shall to transmit energy consumption annually of obliged functional entities (EFA) concerning them respectively.

This transmission must take place via the platform OPERAT of the Ecological Transition Agency (ADEME):

Reporting and monitoring of energy consumption in tertiary sector buildings (OPERAT Platform)

For each EFA, the owner and, if any, the lessee shall declare on the platform:

  • The activities tertiary staff employed there
  • The surface of EFAs
  • The annual energy consumption by type of energy, FAS
  • If there is one, the reference year chosen (between 2010 and 2019) and the associated reference consumption, by energy type, with the relevant supporting documents
  • For the companies concerned, information on the intensity of use indicators relating to the activities hosted, making it possible to determine the final energy consumption target and, possibly, to modulate it
  • For the companies concerned, the modulations. The modulation of the volume of activity is carried out automatically by OPERAT on the basis of the intensity of use indicators specific to the activities concerned.
  • For the companies concerned, the accounting for consumptions of final energy related to the charging of electric or hybrid rechargeable vehicles

FYI  

Data for the previous year must be transmitted annually no later than 30 September.

The owner or the lessee, may delegating the transmission of their energy consumption to a provider or, subject to their technical capacity, to the energy distribution system operators. The lessee may delegate this data transmission to the owner.

Owners and lessees shall inform each other of the actual annual energy consumption of all equipment and systems operated by them.

Please note

Persons subject to the obligation may pooling the results at the scale of all or part of their assets, by forming a “group of structures” in OPERAT, via the module “Pooling results at the scale of a heritage”.

Persons subject to the obligation may also provide information on the OPERAT platform on:

  • Contractual objectives of the Energy Performance Contract (EPC) or any other similar contract for the reduction of energy consumption
  • Possible adjustment of energy consumption to climate variations foreseen in these contracts

FYI  

OPERAT automatically generates, for each obliged functional entity (EFA) :

  • The modulation that deals with the volume of activity, on the basis of the usage intensity indicators specific to the activity concerned
  • The climate-adjusted annual final energy consumption, by type of energy (electricity, gas, fuel oil, etc.)
  • One information on greenhouse gas emissions corresponding to annual energy consumption, according to the different types of energy
  • One annual digital certificate based on final energy consumption and consumption targets. It is supplemented by an "Eco-Energy Tertiary" rating system which qualifies the progress in the approach of reducing final energy consumption, with regard to the results obtained with respect to the objective expressed in absolute value.

The data shall be anonymised and the processing and publication of the data shall respect business confidentiality.

Verification of the achievement of energy consumption reduction obligations will be audited by 31 December 2031, 2041 and 2051 for all persons subject to the obligation. If the company is concerned, the technical file justifying the modulation of the objective, shall be made available to the officials responsible for carrying out the checks.

In order to verify compliance with these objectives, persons subject to the obligation may pooling the results at the scale of all or part of their assets, by forming a ‘group of structures’ in OPERAT.

The assessment of compliance shall be carried out on the basis of the latest annual digital attestation.

Reminder

The final energy consumption taken into account for the verification of compliance with the targets shall be climate-adjusted energy consumption. These adjustments are made automatically by the OPERAT platform.

Final energy consumption and consumption targets of obliged functional entities (EFA) shall be published on the basis of theannual digital certificate generated by OPERAT.

The publication shall be carried out:

  • Either by display channel, in a visible and easily accessible place on the premises of the company
  • Either by any other relevant means with regard to the tertiary activity, the staff and possibly the public concerned, allowing easy access to information (e.g. dissemination by email)

This publication is supplemented by a greenhouse gas emission assessment corresponding to energy consumption data, expressed in kg CO2 equivalent per m². These data are also calculated by OPERAT.

Please note

The assessment of compliance with the energy reduction obligation should be annexed, on the basis of the latter annual digital certificate generated by OPERAT, for your information:

  • In case of sale, the promise or compromise of sale and, failing that, the authentic instrument of sale
  • In case of leasing, to the lease

There are regulatory differences depending on whether tertiary activities continue to be carried out in the obliged functional entities (EFA) or not.

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Service activities continue to be carried out

Where tertiary activities initially subject to the obligation cease, the owners of the EFAs and, if any, the lessees who continue to carry on tertiary activities remain subject to the obligation. This applies, including:

  • If the cumulative areas hosting tertiary activities become less than 1 000 m²
  • If an additional tertiary activity is carried out in the building, part of building or assembly of buildings

At the time of cessation of activity, the person subject to the obligation must declare on OPERAT:

  • Energy consumption data from the current year to the date of cessation of activity
  • The effective date of the cessation of activity

If the transmitted consumption data cover a period of 12 consecutive months, OPERAT shall generate an annual digital attestation. If not, the partial consumption data shall be attached for information purposes to the latest annual digital attestation.

All tertiary activities cease

At the time of cessation of activity, the person subject to the obligation must declare on OPERAT:

  • Energy consumption data from the current year to the date of cessation of activity
  • The effective date of the cessation of activity

If the transmitted consumption data cover a period of 12 consecutive months, OPERAT shall generate an annual digital attestation. If not, the partial consumption data shall be attached for information purposes to the latest annual digital attestation.

Please note

The reference consumption is maintained on OPERAT until any tertiary activity is resumed.

No declaration of energy consumption

The prefect may give formal notice the owner and, where applicable, the lessee, to comply with its obligations within 3 months. This shall apply in the case of unjustified absence of transmission on OPERAT by the owner and, where relevant, by the lessee subject to the obligation to report information related to the consumption reduction.

In the absence of transmission of data on OPERAT following the formal notice, the person subject to the obligation is liable to penalties.

Failure to meet objectives

In case of unjustified non-compliance of one of the consumption reduction targets, the prefect may to give notice to persons subject to the obligation to establish a programme of actions respecting their obligations and committing to respect them.

This program of actions shall be drawn up jointly by the owner and, if they are concerned, the lessees, shall indicate the actions for which each of the parties is responsible and shall include a projected schedule of realization and a financing plan. It is submitted to the prefect for approval.

Who shall I contact

Failing transmission of the action program in a six-month period after his first formal notice, the prefect may to issue individual formal notice the owner and, where relevant, the lessee to establish each of their programme of actions. It must be in accordance with their respective obligations. It must be transmitted within 3 months.

If the action program is not transmitted within the time limit laid down, a publication on a website of the State services (e.g. the Prefecture) of the document setting out the formal notices which have not yet been given effect will be carried out. Each action program is submitted to the Prefect for approval.

In the absence of an unjustified deposit of a program of actions with the Prefect following that second formal notice, the latter may make a administrative fine at most equal to €1,500 for natural persons and to €7,500 for legal persons.

Please note

Where the person subject to the obligation does not comply with the action program, the prefect may engage in a adversarial procedure at the end of which a finding of deficiency may be made.

The failure of the person subject to the obligation is pronounced by a reasoned order of the Prefect which provides for its publication on a State services website (e.g. the Prefecture). On this basis, the prefect may make a decision administrative fine at most equal to €1,500 for natural persons and €7,500 for legal persons. The fine shall be proportionate to the seriousness of the infringements found.

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