Team Retrofit

Tertiary Decree: your asset is worth 6.75M EUR less without a retrofit plan

960 million m² subject to the requirement: the threshold is measured at the land unit level

Tertiary Sector Decree retrofit reduces consumption from the very first year, with a return on investment generally between 4 and 7 years: most of the 2030 trajectory (-40%) is decided in the first twelve months, without waiting until 2029. Decree No. 2019-771 (article L.111-10-3 CCH, order of 10 April 2020) requires -40% in 2030, -50% in 2040 and -60% in 2050 for tertiary assets over 1000 m², with OPERAT (ADEME) reporting before 30 September. Since 2006, Kytom has carried out NF EN 16247 audits, OPERAT reporting and costed retrofit plans, on average floor plates of 850 m². For an Asset Manager, the issue is not 2030 compliance, it is 2026 market value.

According to ADEME (OPERAT 2023 report, national summary), the scheme covers more than 960 million m² of public and private tertiary buildings, or about 30% of the national real estate stock. The 1000 m² threshold is assessed at the land unit level, not per premises: three 400 m² retail units in the same real estate complex trigger the requirement. The uses concerned are broad, and specific rules apply to data centres and technical premises (Absolute Values III order, Official Journal 24 November 2022).

Two trajectories structure the obligation:

Relative method (Crelat): -40% in 2030, -50% in 2040, -60% in 2050, compared to a reference year fixed over 12 consecutive months between 2010 and 2019.
Absolute method (Cabs): target value expressed in kWh/m²/year, defined by Absolute Values I to IV orders published in the Official Journal.
OPERAT reporting: annual entry of consumption before 30 September, with documented climate and volumetric adjustments.

For the Asset Manager: the asset discount comes before the fine. Penalties reach EUR 7500 per legal entity and per building, supplemented by an official publication of failures (the “Name and Shame” procedure provided for in article R.174-33 CCH). But the real financial risk is not the fine: it is the market value discount. In the Paris CBD and La Défense markets, F-G EPC assets show a discount of 10 to 25% at transaction, according to our partner brokers. For a portfolio of 5000 m² valued at EUR 9000/m², a 15% discount represents EUR 6.75M: incomparable with the EUR 7500 fine. Our internal observation across 9 portfolios audited by Kytom in 2022-2024 also puts the additional cost of inaction at EUR 65,000 to EUR 95,000 per year in avoidable energy, excluding the discount.

When the Tertiary Sector Decree is not the right entry point. Below 800 m² of cumulative tertiary floor area at the land unit level, the requirement is not triggered and investing in a full NF EN 16247 + OPERAT approach is not justified: a simplified energy audit such as a tertiary EPC is enough. Likewise, for an asset earmarked for demolition or major restructuring within 36 months, launching a Tertiary Sector Decree retrofit plan degrades the ROI: it is better to integrate energy performance into the programme of the future operation (RE2020 or E+C- label).

Which buildings are subject to the Tertiary Sector Decree?

All tertiary buildings (public and private) over 1000 m² at the land unit level, or 960 million m² in France according to ADEME (OPERAT 2023 report). The threshold is assessed on a cumulative basis: three 400 m² retail units in the same real estate complex trigger the requirement.