The tertiary decree, also known as Tertiary Energy Savings Scheme (DEET), The European Union's Energy Efficiency Directive requires service sector operators to progressively and measurably reduce their energy consumption.
Resulting from the ELAN law, this scheme commits owners and occupiers of tertiary buildings to a long-term energy trajectory, monitored annually and audited by the authorities.
As the 2026 deadline approaches, the tertiary sector decree is no longer just a reporting obligation. It becomes a a real steering issue, This will involve structural choices in terms of data, usage, investment and real estate governance.
Tertiary decree: definition and logic of the system
The tertiary sector decree aims to achieve sustainable improvements in the energy performance of the French tertiary sector, which accounts for a significant proportion of final energy consumption.
Rather than imposing means, the regulations set targets performance targets, This is a major step in the right direction, leaving operators free to define the actions best suited to their buildings and constraints.
The system is based on three pillars:
- A quantified reduction trajectory by 2030, 2040 and 2050 ;
- A annual declaration obligation of consumption on the OPERAT platform; ;
- Of controlled flexibility mechanisms (modulation and mutualization).
What are the objectives of the tertiary sector decree?
Reporting entities must achieve one of the following two objectives:
Relative reduction in consumption
This method consists of reducing end-energy consumption compared with a reference year after 2010 :
- -40 % by 2030
- -50 % by 2040
- -60 % by 2050
The choice of reference year is crucial. A detailed analysis of historical consumption often enables us to optimize the trajectory, particularly by taking into account climatic conditions and activity levels.
Reaching an absolute value
The second method requires consumption threshold expressed in kWh/m²/year, defined by decree according to the type of activity (offices, education, healthcare, retail, etc.).
This approach is often more appropriate:
- New buildings,
- Or those who have already benefited from energy efficiency work.
In both cases, the volume of activity carried out in the building can be taken into account using intensity of use indicators.
Which buildings are covered by the tertiary sector decree?
The scheme applies to buildings, parts of buildings or groups of buildings housing tertiary activities, when the cumulative surface area reaches 1,000 m² or more.
These include
- Tertiary buildings only; ;
- Mixed-use buildings, where the cumulative tertiary floor area exceeds the threshold ;
- Groups of buildings located on the same land unit or site.
The decree concerns :
- The actors public and private ;
- The owners and tenants alike, according to their contractual responsibilities; ;
- Including tertiary buildings integrated into industrial sites (offices, social premises, catering, logistics).
Subjection is not fixed:
a building may become affected over time, or remain so despite changes in surface area or use.
What are the annual obligations?
The operational core of the tertiary decree is based on the annual declaration of energy consumption via the OPERAT platform.
The data to be provided includes :
- Areas subject to tax and activities carried out ;
- Energy consumption by type of energy ;
- The reference year and associated consumption ;
- Usage intensity indicators ;
- Any modulations applied.
Based on this information, OPERAT generates a annual digital certificate, This is accompanied by an Éco Energie Tertiaire rating, which reflects the progress of the trajectory.
👉 To find out more, read our article:
➡️ OPERAT declaration: obligations, deadlines and points to watch out for
Tertiary decree timetable: deadlines to look forward to
The system is part of a long trajectory, marked by several key milestones.
Maturity 2026
- Declaration of consumption for the year 2025
- Deadline : September 30, 2026
- Application of the new standardized digital certificate model
Ten-year maturities
- 2030: first national assessment of targets achieved
- 2040 and 2050: continuation of the regulatory trajectory
Between these milestones, annual monitoring enables us to anticipate deviations, adjust actions and secure compliance over the long term.
How can we meet the objectives of the tertiary sector decree?
The tertiary sector decree encourages global approach, which is not limited to heavy-duty work.
The levers that can be mobilized generally combine :
- Optimizing usage and energy efficiency; ;
- Improving equipment operation and maintenance; ;
- Controlling consumption using monitoring tools ;
- Targeted energy efficiency work where necessary.
The key lies in trajectory consistency, Rather than piling up one-off actions.
Modulation and pooling: adapting objectives to realities on the ground
The system provides for flexibility mechanisms, subject to strict conditions.
Targets may be modified in the event of :
- Technical, architectural or heritage constraints; ;
- Change of activity or volume of use ;
- Clearly disproportionate costs.
These adjustments must be justified by a modulation technical file, documented and compliant with regulatory requirements.
In addition, the energy sharing makes it possible to assess performance on an asset scale: the outperformance of some buildings can compensate for the shortcomings of others.
👉 To find out more, read our article:
➡️ Tertiary decree modulation file: principles and constitution
Why structure your career path today?
In addition to regulatory compliance, the tertiary sector decree represents a strategic management tool.
Anticipation allows you to :
- Reliable energy data; ;
- Smooth out investments over time; ;
- Avoiding costly catch-up in the run-up to 2030; ;
- Strengthen the credibility of ESG and CSR approaches.
In many organizations, the tertiary decree is thus becoming a a structuring lever for real estate and energy strategy.
Need an initial assessment of your situation with regard to the tertiary sector decree?
A discussion will help you identify your obligations and the priority levers you need to activate.
FAQ - Tertiary Decree
Does the tertiary sector decree apply to me?
If your buildings house tertiary activities on a cumulative surface area ≥ 1,000 m², you are concerned, whether you are an owner or a tenant.
Is the OPERAT declaration mandatory every year?
Yes, the annual declaration is a prerequisite for obtaining the digital certificate and following the regulatory path.
Does the tertiary sector decree require work to be carried out?
No. It imposes results, leaving the choice of actions to achieve the objectives.
Can objectives be adapted to specific constraints?
Yes, via a duly justified technical modulation file.
What happens if you don't reach your targets?
If targets are not met, The results are regularly monitored and can be audited by the authorities, in line with the principle of performance transparency.
Entities failing to meet these targets are liable to a publication of their results, via public lists of the companies concerned (name and shame).
They are also required to define and implement a corrective action plan, with a long-term commitment to results. In practice, this often involves audits to identify levers for improvement, followed by significant financial investments to implement the recommendations and make up for lost time.
