The suspension of the order tertiary, a storm in a glass of water ?

REACTIONS. Some proponents of the energy transition in the building, as Philippe Pelletier, chairman of Plan bâtiment durable, are not especially worried by the partial suspension of the decree “tertiary”. Details.
“A storm in a glass of water.” It is as well as Philippe Pelletier, chairman of Plan bâtiment durable, qualifies the matter of the partial suspension of the decree tertiary. It has been ordered by the Council of State, on June 28, 2017, following an appeal by the professional federations of the trade and hospitality industry. It focuses on the section of the text, forcing the relevant actors to submit to the authorities an action plan for energy efficiency prior to July 1, 2017. The decree being published on may 9, 2017, the period was, it is true, quite narrow.


“This date of July 1st, which appears in the decree was, of course, without the slightest legal significance”, says Philippe Pelletier, who was not in favor, personally, to the establishment of an obligation, Batiactu. “This was not a deadline, but a delay. This was also of doubt for anyone, including the government. I recall, moreover, that the text did not provide for a sanction if it was not respected.” The non-publication of a decree, the result of this decree, is the president of Plan bâtiment durable another argument to justify its non-coercive on 1 July. “The start of the race, this will be after the publication of the order. In the state, the decree of 9 may was an important, very relative.”


“This action is a stroke of the pen knife inappropriate in a consultation process”


For Philippe Pelletier, the concern lies in the fact that the decree was blocked a year and a half at the Council of State, which explains the date of July 1st is coming so quickly after the publication of the text.


“However, I note with some bitterness that the environments of the hotel industry and shopping centres have not played a collective”, he adds. “Because this text was co-written with the administration and the professionals. In twenty years of experience in the political world, I have never seen such a quality consultation. I am so surprised that environments that have been associated with the drafting of the text of the challenge today. Especially as they have signed the charter for energy efficiency in commercial buildings, launched in 2013. Today, their approach comes down to give a blow of penknife inappropriate in a consultation process.”

To lower its consumption of 25% without having to shell out money ?


The opponents of the decree – including local communities – also focus on the cost that it may represent – the AMF speaks of 4.4 billion euros. An argument that only convinces not Philippe Pelletier. “The text provides a lower consumption of 25% by 2020”, he explains. “However, this threshold is accessible by simple measures, and not expensive, as an adjustment to the behaviour of the occupants and the operation of thermostats, the use of presence detectors and maintenance is more rigorous facilities.” The president cites the example of the contest Cube 2020, “which shows that we can save 25% without having to shell out money”.


The Cler, network for energy transition, for his part, says with Batiactu not have been surprised by the decision of the Council of State. “What was supposed to happen, happened !”, summarizes Joel Vormus, the deputy director. “We all knew, also the administration, that this date of 1st July was a criterion crumbly.” For him, the use of the federations, however, has the merit to raise a few issues related to this text on the tertiary sector. “The federations which have paid the recourse to complain about the fact that the obligations of the renovation weigh only on buildings whose surface area is greater than or equal to 2000m2. The Cler, we would like to that all of the buildings are concerned.”

A remedy that has the mérte to “raise questions”


But there is also the concern of funding. “It is the blind spot of the law of energy transition, and it’s a big folder it will open. Because Philippe Pelletier is not wrong : it can make a significant energy saving without spending a lot, but in a first time only. Because if one place in a long-term perspective, with objectfis to reduce energy consumption more ambitious, there are many important expenses to do so, including to intervene on the building envelope.”


Finally, what hope Cler, is that the decree does not, once again, the subject of a long consultation phase, knowing that the first had lasted… seven years, from 2010 to 2017.

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