French Tertiary Decree
Energy-consumption reduction obligation for tertiary buildings ≥ 1,000 m²

The French tertiary energy-reduction scheme (decree no. 2019-771 of 23 July 2019, articles R.131-38 to R.131-50 of the Construction and Housing Code) requires every tertiary building with a cumulative floor area above 1,000 m² to reduce final energy consumption by −40% by 2030, −50% by 2040, −60% by 2050. Each year, the OPERAT filing must be submitted to ADEME before 30 September. NORMAXIS supports every step of the scheme.

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Imminent deadline

30 September 2026 — OPERAT filing for 2025 consumption data.

All in-scope tertiary buildings must file their previous-year final-energy consumption on the OPERAT platform (operated by ADEME) before 30 September each year. Failure to file exposes to a formal notice, then publication of the defaulter on a government website. Beyond that, an administrative fine of €1,500 (natural person) or €7,500 (legal entity) may be imposed.

Scope

Who is in scope of the French Tertiary Decree?

The decree applies to all buildings, parts of buildings or groups of buildings hosting tertiary activities exclusively or principally — public or private — as soon as the cumulative floor area dedicated to such activities is greater than or equal to 1,000 m² (article R.131-39 of the French Construction and Housing Code).

The 1,000 m² threshold applies at the level of the building, the part of building (tertiary fraction in a mixed-use property) or the group of buildings located on the same land unit or site. A set of small isolated buildings on a single campus can be in scope by cumulation.

Typically in-scope tertiary sectors:

  • Offices and public services — corporate headquarters, public administrations, local authorities
  • Education — schools, colleges, high schools, universities, training centres
  • Healthcare — hospitals, clinics, nursing homes, medical-social centres
  • Retail and distribution — shopping centres, stores, retail parks
  • Hospitality — hotels, tourist residences, restaurants
  • Culture, leisure and sport — libraries, museums, theatres, sports facilities, pools
  • Logistics and data centres — warehouses, logistics platforms, data centres
  • Airports and transport infrastructure
  • Justice and correctional facilities

Exclusions: temporary structures, places of worship, operational defence / civil-security / domestic-security activities (article R.131-40 CCH).

Quantified targets

Three reduction milestones: 2030, 2040, 2050.

−40 %

By 2030

Compared to a reference year chosen between 2010 and 2019, or by reaching an absolute value per typology (Vtert).

−50 %

By 2040

Intermediate milestone — trajectory is monitored year over year through OPERAT.

−60 %

By 2050

Final target aligned with the French National Low-Carbon Strategy (SNBC).

Two methods to meet the target

Relative-value method (Crelat)

Percentage reduction compared to a reference year chosen between 2010 and 2019. The reference year must be documented by reliable energy invoices. Suited to high-consumption buildings.

Absolute-value method (Cabs, "Vtert")

Reaching an absolute value per building typology, set by ministerial order (24 November 2020 for 2030, 13 April 2022 and 15 December 2023 for 2040). Suited to already efficient or recent buildings.

The choice between methods is free and can be revised. It is made annually on the OPERAT platform.

Regulatory framework

The texts to know.

  • ELAN Law no. 2018-1021 of 23 November 2018 — article 175: legislative basis.
  • Decree no. 2019-771 of 23 July 2019 — known as "Tertiary Decree" or "Tertiary Energy-Reduction Decree": defines the scope, trajectory and reporting obligations.
  • Articles R.131-38 to R.131-50 of the French Construction and Housing Code (CCH) — codification of the obligations.
  • Order of 10 April 2020 — "method order": application terms, definitions (final energy, use intensity, DJU), content of the modulation technical file.
  • Order of 24 November 2020 — sets absolute consumption values per typology for the 2030 milestone (Vtert).
  • Order of 13 April 2022 — adjustments of Vtert 2030 values and first 2040 values.
  • Order of 15 December 2023 — supplements 2040 absolute values and enriches the typology nomenclature.
  • OPERAT platform — Observatory of Energy Performance, Renovation and Actions of the Tertiary sector, operated by ADEME: official annual filing platform.

Our engagements

How NORMAXIS supports.

ARKEMEP

Initial diagnostic and energy audit

Consumption audit, reconstruction of the reference year, use analysis, identification of savings potential. Deliverable directly usable in the OPERAT file.

ARKEMEP

Multi-year energy master plan

Action plan ordered by ROI, CAPEX/OPEX costing, scenarios −40 %/−50 %/−60 %, leveraging CEE energy-saving certificates, articulation with the operating budget.

ARKENOR

Annual OPERAT filing

File preparation, submission on the ADEME platform, data validation, compliance certificate. For multi-site REITs: industrialised process.

ARKENOR

Modulation file

For buildings on an atypical trajectory: activity volume, disproportionate costs, architectural or heritage constraints. Argued technical file to file before 30 September 2027.

ARKEMEP

Design-and-supervision (MOE)

Design of selected actions: envelope renovation, HVAC equipment replacement, BMS control, self-consumption. Sketch → as-built phases.

ARKEMEP

BMS supervision and steering

Compliance with the BACS decree (70 kW threshold from 1 January 2027), class B or A BMS settings, multi-site supervision, drift alerts, monthly dashboards.

Tertiary Decree benchmarks

Key thresholds to remember.

≥ 1,000 m²

Scope threshold

Article R.131-39 CCH — cumulative tertiary floor area

−40 %

Target by 2030

Decree no. 2019-771 — vs reference year 2010-2019

30 Sept.

Annual OPERAT deadline

N-1 consumption filing — order of 10 April 2020

€7,500

Fine for legal entities

Sanction after formal notice + name and shame

'What is the modulation under the French Tertiary Decree?', 'a' => 'Modulation allows the −40 %/−50 %/−60 % trajectory to be adjusted when reaching the target is impossible or disproportionate. Three grounds accepted by article R.131-41 CCH: change in activity volume, action costs manifestly disproportionate to expected benefits, technical, architectural or heritage constraints. An argued technical file must be submitted on OPERAT before 30 September 2027 for the first milestone.'], ['q' => 'What sanctions for non-filing or non-achievement?', 'a' => 'For absence of OPERAT filing or non-achievement of targets: formal notice with a 3-to-6-month delay, then publication of the defaulter on a government website ("name and shame"). An administrative fine may then be imposed: €1,500 for a natural person, €7,500 for a legal entity. Sanctions are limited in amount but the public listing affects reputation and may condition access to certain ESG financing.'], ['q' => 'What is the BACS decree and how does it connect to the Tertiary Decree?', 'a' => 'The BACS decree (Building Automation and Control Systems, decree no. 2020-887 of 20 July 2020) requires the installation of a Building Management System (BMS) in tertiary buildings whose nominal HVAC power exceeds 70 kW. The initial deadline was set at 1 January 2027, partially extended to 2030 by the decree of 26 December 2025. BMS is the operational tool to meet Tertiary Decree targets — the two schemes complement each other.'], ['q' => 'Are tenants or landlords responsible?', 'a' => 'Both. The Tertiary Decree creates a shared obligation: the landlord and the tenant are jointly responsible for the OPERAT filing and target achievement. Recent leases (green leases, mandatory environmental annex) organise allocation. In practice, the landlord carries the envelope and heavy equipment, the tenant carries usage. The NORMAXIS consulting team structures the dialogue between parties and documents the allocation.'], ['q' => 'Are new RE2020 tertiary buildings in scope?', 'a' => 'Yes. The Tertiary Decree applies to any tertiary building ≥ 1,000 m² regardless of vintage. A new RE2020 building (13 typologies extended since 1 May 2026 by decree 2026-16) files from its first full operating year. For these recent buildings, the absolute-value method is generally more suitable, since the design performance is already close to the Vtert values.'], ]" />

Related schemes

Neighbouring obligations to align.

Arkemep

MEP engineering office

Building energy engineering, HVAC, BMS — the operational tools of the Tertiary Decree trajectory.

Découvrir

NORMAXIS

DDADUE energy audit

European Energy Efficiency Directive — mandatory energy audit for large companies.

Découvrir

Arkenor

Environmental consulting

HQE BD, BREEAM In-Use: the certifications that capitalise on the Tertiary Decree trajectory.

Découvrir

Securing your Tertiary Decree compliance?

OPERAT 2026 filing, energy master plan, modulation file: our ARKEMEP and ARKENOR teams support across the whole scheme. Reply within 48 working hours.

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