In short
Does the Tertiary Decree apply to my offices?
Yes, if the building, part of a building or group of buildings has at least 1,000 m² of floor area in tertiary use. Owner and tenant are then both subject to it, each for what falls under their responsibility: cut final energy consumption by 40% by 2030, 50% by 2040 and 60% by 2050 against a reference year, or meet an absolute consumption value set for each activity category, and report consumption every year on the OPERAT platform, by 30 September at the latest.
- Administrative fine of up to €1,500 (individual) or €7,500 (legal entity) if there is no action programme after formal notice, or if the programme is not complied with.
- Building automation (BACS): mandatory since 1 January 2025 where the heating or air-conditioning system exceeds 290 kW; above 70 kW, the deadline was postponed to 1 January 2030 for existing buildings (Decree no. 2025-1343).
- A fit-out project is the moment to act: lighting, ventilation, controls, better-used space.
Who is covered?
The Éco Énergie Tertiaire scheme, often called the “Tertiary Decree” (décret tertiaire), applies to buildings, parts of buildings or groups of buildings with at least 1,000 m² of floor area used for tertiary activities. The owner and the tenant are both subject to it, each for what falls within their responsibility (Construction and Housing Code, art. L174-1; art. R174-22 et seq.).
The targets
| Deadline | Reduction in final energy consumption |
|---|---|
| 2030 | −40% |
| 2040 | −50% |
| 2050 | −60% |
The reduction is measured against a reference year, or achieved by meeting an absolute consumption value set for each category of activity.
Reporting, and the risks
Consumption for the previous year is reported every year on the OPERAT platform, by 30 September at the latest; failing this, the prefect serves formal notice on the party concerned to submit it. If the targets are not met without justification, an action programme must be drawn up: failing to draw one up after formal notice, or failing to comply with it, exposes the party to an administrative fine of up to €1,500 for a natural person and €7,500 for a legal entity, and to publication of the formal notices that went unheeded.
Building automation and control (BACS)
Tertiary buildings whose heating or air-conditioning system exceeds 290 kW have had to be equipped with a building automation and control system since 1 January 2025. For installations above 70 kW, the deadline initially set at 1 January 2027 was postponed to 1 January 2030 for existing buildings by Decree no. 2025-1343 of 26 December 2025.
What this changes for an office project
- The lease and its annexes specify who does what: reporting, works, consumption data.
- Fit-out affects consumption: lighting, ventilation, controls, how space is occupied.
- Reducing floor space or using it better also reduces consumption: real-estate sufficiency (sobriété immobilière) is part of the answer.