Commercial buildings: Trade organizations are suing the government over energy obligations deemed "unattainable"

In a joint statement sent to AFP, the 19 organizations – including the Alliance du commerce, the Confédération des grosistes de France (CGF), the Fédération du commerce et de la distribution (FCD), the federation of employers Perifem and the federation of specialized commerce Procos – explain that their “mobilization shows the strong concern of companies in the face of rules ill-suited to their activity” and denounce measures likely to have “economic and asset-related consequences, including the potential devaluation of commercial assets”.

At the heart of their protest is a decree published on September 6th, which amends a previous text concerning obligations to reduce energy consumption in commercial buildings. This decree falls within the framework of the Eco Energy Tertiary scheme, stemming from the tertiary sector decree of the ELAN law, which mandates a progressive reduction in energy consumption for buildings in the tertiary sector.

This system now requires all owners of surfaces larger than 1.000 m2 to meet targets for reducing their energy consumption.

Two options are planned for the buildings concerned. The first consists of reducing their consumption by 40% by 2030, by 50% by 2040 and by 60% by 2050, referring to a year of consumption between 2010 and 2022. The second provides for compliance with a maximum consumption threshold expressed in kWh/m2, varying according to the type of activity carried out.

But these objectives are considered unrealistic by professional organizations. "The thresholds set in absolute value are indeed unattainable for a significant proportion of the 35.000 points of sale concerned, with a risk of non-compliance as early as 2030," they warn, estimating that "by 2030 nearly one in two establishments risks not meeting the requirements set by the decree."

Trade representatives also believe that these requirements could have direct consequences on economic activity. "For many establishments targeted by this measure, a 40% reduction in energy consumption would mean reducing lighting and heating beyond acceptable levels, or even reducing their activity to the detriment of the national economy and the French people," they assert.

In France, the tertiary sector represents nearly 940 million m², making it a central lever in the national strategy for reducing energy consumption in buildings.

After filing an informal appeal that went unanswered, the organizations finally decided to take their case to the Council of State. They are requesting, in particular, a review of the absolute values ​​applicable to trade and better consideration of sector-specific characteristics.

The decision of the Council of State could now determine the evolution of this regulatory system, which is particularly followed by players in commerce, real estate and construction.