Tertiary Decree 2026: OPERAT Obligations, -40% Target and Penalties

Quick answer. Decree No. 2019-771 of 23 July 2019, the French tertiary decree, requires every owner or occupant of a tertiary building with a floor area exceeding 1,000 m² to progressively reduce final energy consumption: -40% by 2030, -50% by 2040, and -60% by 2050 (versus 2010). Each year, energy consumption must be reported on the OPERAT platform, managed by ADEME, no later than 30 September. Failure to report triggers a formal notice, followed by public name-and-shame publication and administrative fines of €1,500 (individuals) to €7,500 (legal entities).

The tertiary sector — office buildings, retail, hotels, services — accounts for close to 17% of final energy consumption in France. Against national and EU climate targets (carbon neutrality by 2050, energy efficiency), the tertiary decree was adopted to enforce progressive decarbonization of the French tertiary building stock.

Enacted in July 2019 and applicable since October 2019, the scheme covers tertiary buildings, or parts of buildings, with a floor area of 1,000 m² or more. Six years of operation have consolidated enforcement: the administrative authority (the departmental prefect) checks compliance, notably via the OPERAT platform, and may open a penalty procedure.

In 2026, the imperative remains. Companies and property owners who have not begun their energy transition face growing exposure. Housing associations, lenders and business partners increasingly scrutinize the decarbonization trajectory of their counterparts.

Threshold: 1,000 m² of tertiary floor area#

The decree applies to any entity (individual, legal person, private or public) that owns or occupies a building or part of a building for tertiary use with a floor area of 1,000 m² or above.

Tertiary floor area is assessed cumulatively. Examples:

• A pure office building of 1,200 m²: subject.
• A mixed building (housing 500 m² + offices 700 m²): not subject, tertiary portion alone below 1,000 m².
• Two distinct buildings owned by the same entity (offices 800 m² + tertiary building 300 m²) on the same property site: subject, cumulative total 1,100 m².

Obligation status: permanent#

Once subject to the decree, an entity remains obligated even if its tertiary floor area later falls below 1,000 m². There is no exit from the scheme.

The decree imposes progressive reduction of final energy consumption, measured against a reference year (after 2010). Two pathways exist.

Scenario 1: percentage reduction (most common)#

Achieve the following milestones, reference year = 2010 (or any year after 2010 chosen by the entity):

• 2030: -40% reduction in final energy consumption.
• 2040: -50% reduction.
• 2050: -60% reduction.

Example: a building consuming 500 kWh/year in 2010 must consume 300 kWh/year by 2030 (40% less).

Scenario 2: absolute threshold (Cabs)#

Alternatively, the owner/occupant may achieve a consumption level expressed in absolute value (kWh/m²/year). This threshold depends on the reference year chosen and is set by decree. This is a less common path, mainly used for older buildings where percentage-based reduction is very difficult.

What is OPERAT?#

OPERAT (Observatory of Energy Performance, Renovation and Action in Tertiary) is the mandatory digital platform, managed by ADEME, dedicated to tracking compliance with the tertiary decree.

Who must report?#

The owner and/or occupant (tenant, facility manager) must, each for the area for which they are responsible, submit energy consumption data. Where a building is shared, responsibilities are allocated by lease clauses or management agreements.

Data to report and deadline#

Each year, before 30 September, regulated entities must report on OPERAT:

1. Energy consumption for the previous calendar year (gas, electricity, other fuels).
2. Building identity and characteristics (floor area, main activities, year of construction, roof condition…).
3. Reduction actions undertaken (insulation, boiler replacement, LED lighting, heating optimization…).
4. Supporting data (number of occupants, occupancy rate…).

Data comes from energy invoices, meter readings, or reliable estimates.

Common pitfalls#

Do not confuse calendar year (1 January – 31 December) with billing cycle (e.g., July N to June N+1). OPERAT expects calendar-year data. A building with staggered billing must reconstruct consumption for the calendar year.

In 2026, entities subject since 2019 reach a key checkpoint:

• 2030 is the major milestone (-40%). Trajectories must be visible in 2025 OPERAT reports (2024 consumption) and 2026 reports (2025 consumption).
• Buildings showing no visible action in 2026 are falling behind. A building consuming the same as in 2010, with no action, must accelerate sharply.
• Buildings undergoing renovation (insulation, heating) see consumption decline progressively.

In practice, at Hayot Expertise, we support directors facing the question: Where do I stand? Should I launch work in 2026? The answer depends on your current trajectory.

Special case: changing your reference year#

Within the conditions and deadlines set by the OPERAT platform, you may declare a reference year other than 2010. This is useful for buildings whose 2010 consumption is poorly documented, or for new owners; refer to the current ADEME documentation.

New or major renovation buildings#

Buildings put into service after 2010 may choose 2010 as the reference year (with reconstructed consumption) or the year of first known operation. The baseline is often better for new buildings.

Small owners in a shared building#

A tertiary co-ownership syndicate must report for the entire building if cumulative tertiary floor area exceeds 1,000 m². Each co-owner contributes proportionally. Disputes over renovation cost-sharing must be resolved internally.

Change of owner or occupant#

On sale or tenant changeover, reporting responsibility shifts to the new owner/occupant. Historical data remains public on OPERAT (transparency). The new occupant inherits the prior trajectory.

• Do not miss the September 30 deadline. A single omission triggers a formal notice.
• OPERAT data are public. A stagnant trajectory can be identified by competitors, clients or investors; this is the name and shame mechanism at work.
• A costed action plan helps in case of audit. If the administrative authority requests justification, showing planned work (budget, schedule) limits risk.
• Modulate your targets if justified. Some buildings (seasonal activity, rapid headcount growth) may request objective modulation, done via OPERAT.
• Embed this obligation in your broader ESG strategy. The tertiary decree is one element of CSRD reporting and your broader ESG obligations.

Recently, a services-sector director contacted us after receiving a formal notice. His 2,000 m² tertiary building had not been reported on OPERAT for three years. Upon reconstruction, consumption was stable, with no reduction actions. Compliance required not only catching up online, but also demonstrating to the regional authority a credible action plan: energy audit, facade insulation and boiler replacement over two years. With no penalty ultimately applied, the authority required tighter annual monitoring.

The lesson: anticipate rather than remediate. A building that in 2026 launches visible work runs minimal risk. A building that declares zero progress must accept being listed as a laggard on energy transition.

Hayot Expertise advice. Check whether you are in scope immediately: are you above or below the 1,000 m² tertiary threshold? If yes, reconstruct your reference consumption over two years, file on OPERAT by 30 September 2026 without delay, and commission an initial energy audit to identify the main opportunities (insulation, heating, cooling). This proactive stance reassures lenders and prepares your CSRD reporting. We work hand-in-hand with energy specialists and help you manage OPERAT filing and work scheduling via our ESG reporting and CSRD support. Contact us to discuss your situation.