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FREN

The French BACS decree and tertiary decree

Two French texts apply to your office and service buildings. The first requires control equipment. The second sets an energy reduction target.

Décret BACS

A duty above 70 kW

The threshold is based on the rated output of the heating or air-conditioning.

BACS stands for building automation and control system. In most buildings, the BMS fills this role.

The text applies to non-residential buildings whose heating or air-conditioning exceeds 70 kW of rated useful output. For a building connected to a district heating or cooling network, the output of the substation is used. The duty falls on the owner of these systems.

A study may show that the installation would not pay for itself within ten years. In that case the building is exempt, and the study is the proof.

The system is also subject to periodic checks. Each inspection results in a report, which the owner receives within a month and keeps for ten years.

Deadlines

The timetable depends on the building

  • Existing building above 290 kW

    The deadline was 1 January 2025.

  • Existing building above 70 kW

    The duty applies as soon as the heating or air-conditioning is replaced. The deadline is 1 January 2030. A decree of 26 December 2025 moved this date back from 2027.

  • New building

    The duty depends on the date the building permit application was filed.

Required functions

The system tracks consumption and flags drift

The text lists them one by one. Each can be checked on the installation.

Measure

Continuously monitor, log and analyse the energy use of each zone, hour by hour.

Adjust

Allow the equipment settings to be adjusted.

Compare

Compare performance with a baseline and alert the building operator when efficiency drops.

Communicate

Exchange data with the other technical systems in the building.

Stop

Allow manual shutdown of a piece of equipment and its autonomous management.

Keep

Retain monthly data for five years.

Décret tertiaire

At least 40% less energy use by 2030

The threshold is 1,000 m² of floor area. Each year, the owner or the tenant files a declaration on the OPERAT platform.

The official name of the décret tertiaire is the Éco Énergie Tertiaire scheme. The 1,000 m² threshold applies to a single building. It also applies to several areas added together on the same site.

The targets are savings of at least 40% by 2030, 50% by 2040 and 60% by 2050. There are two ways to reach them. The first compares consumption with a baseline year chosen between 2010 and 2022. The second sets a consumption level for each type of activity.

The targets can be adjusted in some cases: a technical or heritage constraint, a disproportionate cost or a change in the volume of activity. Each adjustment is justified in a technical file.

The declaration covers the previous year's consumption. It is filed before 30 September.

Compliance

A well-designed BMS feeds both files

It measures by zone and by use. It keeps the history and spots drift.

Our audits check each function required by the décret BACS on the station itself. For the décret tertiaire, the BMS provides detailed consumption data. This data explains the differences from one year to the next.

Some items remain outside the BMS: the baseline year, the declared scope and the justification for adjustments. The owner decides on them and defends them in the file.

Legal references

French Construction and Housing Code, art. R. 175-2 (version of 28 December 2025); decree no. 2025-1343 of 26 December 2025, art. 1.

French Construction and Housing Code, art. R. 175-3, R. 175-4 and R. 175-5-1 (version of 9 April 2023).

French Construction and Housing Code, art. L. 174-1, R. 174-22, R. 174-23, R. 174-26 and R. 174-28; order of 10 April 2020, art. 3 and 13.

FAQ

Non-residential buildings whose heating or air-conditioning exceeds 70 kW of rated useful output. The duty falls on the owner of these systems.

Above 290 kW, the deadline was 1 January 2025. Above 70 kW, the duty applies as soon as the heating or air-conditioning is replaced. The deadline is 1 January 2030.

The décret BACS requires a building automation and control system above 70 kW. A BMS fills this role when it provides every function listed in the text.

Yes. A study must show that the installation would not pay for itself within ten years. The owner keeps this study.

The décret BACS requires control equipment. The décret tertiaire sets an energy reduction target. A building can fall under both texts or only one.

Every year before 30 September. The declaration covers the previous year's consumption.

Our studies and audits

We read your installation to check each required function. We also carry out portfolio assessments and commissioning, on Niagara and SkySpark.