The decree tertiary suspended in part by the Council of State

DECISION. By order of June 28, 2017, the State Council ordered the suspension of a part of the decree of may 9, on the obligation to improve energy performance in commercial buildings. An appeal had been brought by associations in the hospitality, trade and commerce against this text. Details.
The State Council has just ordered, by an order of June 28, 2017, the suspension of a part of the decree of may 9, 2017 in respect of the obligations of the improvement of the energy performance of commercial buildings, said “the decree tertiary”. This text was the subject of an action on the part of several professional organisations in the commerce, hotels and restaurants. He had also been criticised by the Association of mayors of France (AMF) and the French building Federation (FFB), which had requested a postponement of its entry into force.


The Union des métiers et industries de l’hotellerie (Umih) has welcomed this decision in a press release. “The State board has recognized the unrealistic nature of the timetable imposed by the decree !”, can we read there. “This decree imposes the realization – before Saturday next July 1 – an energy audit and an action plan of energy saving of the work of improvement of the energy performance for the shops and the hotels in particular”, are also reminiscent of the federations complainants.


To a suspension of objectives in terms of energy saving ?


“A second hearing will be held on 6 July to hear the parties on the merits, that is to say, on the obligation to carry out the work by January 1, 2020”, adds the Umih. Thus, if the Council of State has so far censored the obligation was to enter into force on July 1, 2017, it is possible that the institution in vienna to intervene on the obligations concerning the energy saving targets in 2020 and 2030.


As a reminder, this decree tertiary applies to all buildings or portions of existing buildings comprising the premises of a surface area greater than or equal to 2,000 m2 of useful surface. It sets as goals to reduce energy consumption by 25% by 2020 in according to the consumption of the reference set, or according to a threshold expressed in kWh/m2/year of primary energy and 40% by 2030.

Leave a Reply