The "Tertiary Decree" in Reunion: Who is concerned and what are the upcoming deadlines?


Published in July 2019, the tertiary eco-energy scheme aims to frame energy consumption reductions in the tertiary sector. This decree specifies the terms of application of the ELAN law (Evolution du Logement, de l'Aménagement et du Numérique), which applies in metropolitan France and in the DROMs. Some regional specificities have been taken into account in the evaluation of the objectives to be achieved.

Which buildings are affected by the "tertiary decree"?

The tertiary decree is an obligation to reduce energy consumption applying to all buildings with a floor area of tertiary premises exceeding 1,000 m² as well as to mixed-use buildings (e.g., tertiary + housing) whose total surface area of tertiary activities is ≥ 1,000 m2. Only places of worship, temporary constructions and buildings ensuring an activity of defense, internal security and civil security are exempted.

The objectives for these buildings are ambitious and take two forms:
  • Relative reduction in consumption of 40% in 2030, 50% in 2040 and 60% in 2050 compared with consumption in a "reference" year.
  • Absolute consumption thresholds (kWh/m²/year). These thresholds are defined by geographical area and building type.
The reference year used to compare consumption data must comply with two rules:
  • It must be between 2010 and 2019,
  • It must correspond to a full year of operation (12 consecutive months).
Recent buildings (built after 2010) or new buildings with a tertiary sector floor area of over 1,000 m² must also meet the targets set by the tertiary sector decree.

Who are the taxpayers?

This decree makes all building stakeholders (lessors, lessees and co-ownerships) responsible for implementing actions to reduce consumption. Ces acteurs sont tous assujettis. They share responsibilities and must work together to complete the process.

For example, the tenant of a 400 m² office space in a 2,000 m² office building is liable. The owner of the building in question is also. All the information of those subject to the tertiary decree must be gathered on the platform set up by ADEME called "OPERAT".

What are the key dates?

1st October 2019: Entry into force of the Eco Energie Tertiaire Decree.
2nd half of 2022: Publication of a decree defining the consumption thresholds in absolute value to be reached for the DROMs, and therefore for Reunion Island.
30 September 2022: Deadline for declaring on "OPERAT" the consumption of the years 2020, 2021 and the reference year.
End of 2031: Verification of the achievement of the objectives of the first decade.

What are the penalties for non-compliance?

In case of non-compliance with the regulatory obligations, the contractor is exposed to the following sanctions: name and shame, fine and negative rating of the label "Eco-energy tertiary".
  • Name and shame publication on an official website (created by the State) of the names of structures that have not complied with the decree,
  • Amende: for the individual or the legal entity,
  • Negative rating for the "Eco-énergie tertiaire" label This rating highlights the progress made in complying with constraints. In the event of non-compliance, this rating devalues the property.
  • How to be accompanied?

    INTEGRALE INGENIERIE's energy efficiency engineers assist lessors, lessees and condominium corporations in defining and implementing their tertiary decree strategy.
    We offer support throughout the entire process of bringing your assets into compliance: from data collection to the implementation of energy efficiency actions, including the performance of an energy audit of your assets.

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