ELAN law and its new tertiary decree, are you concerned?

With the aim of continuous improvement of energy performance in the tertiary sector under renovation, a decree of July 25, 2019 was published and entered into force on October 1 , 2019 within the framework of the ELAN law published on November 23, 2018.
A highly anticipated decree in early 2020 will specify the contours of the decree.

Who is concerned ?

The decree applies to:
– any existing private or public tertiary building;
– owner or tenant according to the respective responsibilities;
– all buildings, parts of buildings, or groups of buildings on the same land unit with a floor area Sp≥1000m² ;

This last point in particular encompasses 70% of tertiary surfaces.

What are the objectives of the decree?

The decree provides for the reduction of the final energy consumption of the buildings concerned by 40% in 2030 , 50% in 2040 and 60% in 2050 compared to a reference year that cannot be earlier than 2010.
These consumptions include all uses and are not limited to consumption related to heating, domestic hot water or lighting.

Rather than choosing an objective relating to a reference consumption, it will also be possible to define a consumption in absolute value to be achieved, which will be adapted by category of activity.

How to achieve the goals?

The main actions to which the decree directs us are:
– energy renovation work on the building envelope;
– the installation of high-performance equipment and devices for the control and active management of this equipment;
– the methods of operating the equipment;
– adapting the premises to energy-saving use;
– the behavioral aspect of the occupants.

In order to achieve the objectives of reducing consumption by the first deadline of 2030, the most favorable levers and at the lowest cost remain the awareness of the occupants and the regulation of the equipment in place.
Envelope improvement works and equipment replacement remain very costly and do not always bring the expected return on investment depending on the case.

Very important point , if an operator has several buildings, it will be possible to distribute the efforts to reduce consumption and therefore to pool the results to achieve the objectives. This will also allow priority to be given to the most energy-intensive buildings.

Possible modulations

Automatic adjustments will be made based on:
– climate;
– the evolution of the volume of activity;
– technical, architectural or heritage constraints;
– a disproportionate cost/savings ratio.

These adjustments will be made thanks to the creation of a platform for collecting and monitoring consumption which will be updated each year by the operator.

What if the objectives are not met?

If the information is not uploaded to the platform and if the consumption objectives defined by the decree are not respected, the main sanctions consist of publication on a website of the names of the companies concerned.
This model of sanctions can be particularly negative on the reputation of companies and can reap big losses in a context where ecological transition is at the heart of the news.

To find out more, do not hesitate to contact us!