The Tertiary Sector Decree of 23 July 2019, aimed at reducing final energy consumption in buildings used for tertiary purposes, requires owners and tenants of premises exceeding 1,000 m² or situated within a building or land unit exceeding 1,000 m² to submit a declaration via the OPERAT platform.

This regulation is based on the so-called ‘3A’ framework:

  • ‘Act’: the obligation to take measures to reduce energy consumption;
  • ‘Adapt’: the option to adjust consumption targets;
  • ‘Attest’: to declare annual consumption figures and certify the results achieved;

Two alternative methods are provided for achieving the targets:

  1. Achievement of the target in relative terms (%).
    A reduction in final energy consumption of at least 40 per cent by 2030, 50 per cent by 2040 and 60 per cent by 2050, compared with a reference year that must not be earlier than 2010.
  2. Achieving the target in absolute terms.

Adjustments may be made in three situations:

  • Where there are technical, architectural or heritage-related constraints affecting the buildings in question;
  • If the cost of the measures is clearly disproportionate to the expected benefits in terms of final energy consumption;
  • Finally, if the nature or volume of the activity carried out in the buildings changes;

Reports on the OPERAT platform must be submitted on a regular basis. Accordingly, each year, data relating to the previous year must be submitted by 30 September at the latest.

  • If the person responsible fails to submit data via the OPERAT platform, details of these failures will be published on a government website in accordance with the ‘name and shame’ principle.
  • Alternatively, if they fail to submit an action plan or do not comply with it, an administrative fine will be imposed. This may amount to a maximum of 1,500 euros for individuals and 7,500 euros for legal entities.

14 Pyramides Notaires provides an update on the OPERAT platform scheme and the energy targets to be met.

Discover the September ‘Immothème’ on the OPERAT platform.

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