For a long time, energy was treated as a secondary issue in commercial buildings.
It was an expense that people only really paid attention to when things went wrong: a bill that was too high, equipment that was wearing out, or complaints about discomfort.
That time is over.
Prices have settled at a high level for the long term. User expectations have increased and regulations now require results.
As a result, energy has become a management issue on a par with comfort, service continuity, and cost control.
And that is precisely what is redefining the tertiary sector's frame of reference today.
A new framework for the service sector: energy becomes a strategic issue
The service sector no longer operates in a stable and predictable environment.
In just a few years, energy has gone from being a "burden" to a key driver of performance, responsibility... and credibility.
This new framework applies to all stakeholders in the sector: owners, operators, property managers, technical and financial departments.
Regardless of the size of the property portfolio or the type of activity, understanding this framework is now essential in order to continue operating high-performance, controlled, and valuable buildings.
Economic pressure that has become structural
Electricity, heating, ventilation, air conditioning, domestic hot water: all uses are affected by the sustained rise in prices.
Today, every deviation immediately translates into additional costs: approximate settings, oversized equipment, settings that are poorly aligned with actual occupancy.
The impact is direct on:
- daily operations,
- the margins,
- maintenance budgets,
- and the expenses incurred by occupants or tenants.
Without precise control, excessive consumption becomes structural.
It gradually takes hold, often without immediate warning, and transforms energy into a permanent source of uncertainty for operations.
Increased demands from users... and authorities
Alongside this economic pressure, expectations are changing rapidly.
Users (employees, patients, customers, tenants) are becoming increasingly attentive:
- thermal comfort,
- air quality,
- to service continuity,
- and transparency regarding consumption and environmental impact.
Public authorities, for their part, now require:
- quantified results,
- clear trajectories,
- and concrete evidence of reduced consumption.
In other words, energy performance is no longer declarative.
It becomes observable, measurable, and comparable in the same way as safety or technical compliance.
In this context, regulation is no longer a "separate issue." It is becoming the framework that structures energy performance in the tertiary sector.
Tertiary & BACS decrees: regulations as the foundation for performance
Faced with new energy challenges in the tertiary sector, public authorities have changed the regulatory framework.
The aim is no longer just to encourage good practices, but to set a clear, measurable, and verifiable trajectory for reducing energy consumption.
Two key pieces of legislation are currently redefining the rules of the game:
- the Tertiary Sector Eco-Energy Decree,
- and the BACS Decree.
Taken together, they lay the foundations for a new standard: controlled, demonstrable, and sustainable energy performance.
The Tertiary Sector Eco-Energy Decree: setting the course
Stemming from the ÉLAN law, the Tertiary Decree imposes an obligation to achieve results.
It applies to all tertiary buildings larger than 1,000 m² and commits their operators and owners to a gradual reduction in final energy consumption.
To monitor this trajectory, consumption must be reported annually on the OPERAT platform, managed by ADEME.
Energy performance thus becomes measurable, comparable, and traceable.
In the event of non-compliance, the measure provides for:
- financial penalties,
- and a name and shame mechanism, reinforcing the binding nature of the regulation.
In short: the Tertiary Decree sets the target to be achieved and makes performance visible.
The BACS Decree: providing the means to take action
Where the Tertiary Decree sets the course, the BACS Decree provides an operational response.
It makes it mandatory to install building automation and control systems, commonly known as BMS (Building Management Systems).
This decree applies to commercial buildings equipped with heating, ventilation, or air conditioning (HVAC) systems exceeding certain power thresholds:
≥ 290 kW by 2025
≥ 70 kW by 2030
But the BACS Decree is not limited to technical requirements.
It imposes a management method based on:
- the data,
- automation,
- and the interoperability of equipment.
According to standard NF EN ISO 52120-1, an efficient building management system can reduce energy consumption by 25 to 40% compared to standard control systems, without the need for major work.
Two decrees, one logic
Taken separately, these texts may seem complex. Taken together, they form a coherent whole:
the Tertiary Decree sets the objectives, while the BACS Decree provides the means to achieve them.
This duo marks a profound change.
The energy performance of commercial buildings is no longer declarative. It is now managed, tracked, and demonstrable over time.
This leaves one key question: how can this regulatory constraint be turned into a real performance driver?
Turning constraints into opportunities
At first glance, the Tertiary and BACS Decrees may be perceived as an additional constraint:
deadlines to meet, data to report, investments to make.
But this interpretation is incomplete.
Behind these obligations lies a rare opportunity in commercial building management:
regaining control over energy performance and the overall operation of sites.
For years, energy was managed after the fact. Discrepancies appeared on bills, often too late, without always understanding their origin.
Today, regulations require a change in approach: continuous measurement, fine-tuning, and adjustment at the right time.
Sustainable savings, without major work
Improving energy performance does not necessarily mean undertaking major renovations.
A significant portion of the gains comes primarily from better use of existing systems: more precise adjustments, automation of equipment, elimination of invisible waste.
Contrary to popular belief, energy efficiency and comfort are not mutually exclusive.
A better-managed building is often more pleasant to live in, more stable, and easier to operate on a daily basis.
In short: we no longer suffer from energy. We control it.
Conversely, not adopting this approach exposes us to very real risks.
The risks of non-compliance
Ignoring the Tertiary and BACS Decrees is not just a matter of falling behind on regulations.
It means exposing your building and its operation to a series of progressive but structural risks.
Among the main ones:
- a growing regulatory risk, with controls set to become stricter,
- a downgrade in energy efficiency, visible in particular through a lower energy performance rating,
- invisible but lasting additional costs, linked to undetected deviations,
- more complex and stressful operation for technical teams,
- and a loss of appeal, with a direct impact on brand image.
In the long term, a non-compliant or poorly managed building becomes more difficult to operate, less predictable, and less efficient.
What could have been corrected gradually then becomes a heavy, costly, and unavoidable constraint.
Faced with these challenges, one question stands out: where should you start in practical terms to ensure compliance and regain control over performance?
Building management systems: a driver of compliance and performance
Faced with the requirements of the Tertiary and BACS Decrees, one solution stands out: control.
And that is precisely the role of Building Management Systems (BMS).
Building management systems allow you to regain control over the actual operation of buildings by ensuring:
- monitoring consumption by usage and by area,
- performance analysis over time,
- detection of deviations and anomalies,
- automation andinteroperability of equipment.
Contrary to popular belief, building management systems are not reserved for new buildings or complex projects.
Current solutions, such as the HBS solution developed by Ewattch, are designed to adapt to existing buildings, connect heterogeneous equipment, and enable gradual deployment without major construction work or interruption of operations.
In short: GTB transforms a regulatory obligation into an operational management tool.
However, compliance must be approached methodically.
Prepare in 3 key steps
When it comes to the Tertiary and BACS Decrees, the difficulty lies not so much in understanding the regulations as in knowing where to start.
Effective compliance is based on a structured approach, in the right order.
1. Conduct a clear audit of the existing situation
First and foremost, it is essential to know what you have—and what you are missing.
The audit allows you to identify:
- the relevant technical systems,
- installed capacity,
- deviations from regulatory requirements,
- and priority levers for action.
This step lays the groundwork for a realistic strategy and avoids hasty decisions.
2. Choose a suitable and scalable building management system
Not all building management systems are created equal.
The chosen solution must be:
- compliant with regulatory requirements,
- interoperable, to adapt to existing systems,
- easy for teams to use,
- and scalable, capable of supporting the building over time.
The goal is not to accumulate tools, but to have reliable, clear, and sustainable management.
3. Receive long-term support
Compliance is not just about installation.
Support is essential for security:
- day-to-day management,
- regulatory reporting,
- and continuous performance improvement.
It also makes it possible to mobilize existing aid mechanisms, such as Energy Saving Certificates (ESC), and to establish the approach over time.
At this stage, compliance ceases to be a one-off constraint. It becomes a sustainable lever for control and performance.
Before making a decision, why not start by understanding your building?
Before committing to investments or deploying a technical solution, it is essential to have a clear picture of your actual situation.
Not all buildings are affected in the same way or at the same pace, and the levers for action vary greatly depending on the existing situation.
An energy audit is currently the most reliable starting point for:
- accurately determine your regulatory obligations,
- identify discrepancies with the requirements of the Tertiary and BACS Decrees,
- prioritize actions with the greatest impact,
- and structure a sustainable compliance and performance approach, without making hasty decisions.
It is this detailed understanding that then enables the right choices to be made at the right time, transforming regulations into a real lever for managing commercial buildings.
