The energy transition of tertiary buildings is accelerating. Faced with the climate emergency and France's commitment to cut its energy consumption by 40% by 2050, lawmakers have introduced a series of structural regulatory obligations for the professional property sector. Among them, the BACS decree plays a central role: it requires the installation of intelligent automation and control systems in all significant tertiary buildings. For property portfolio managers, local authorities, and businesses, understanding the stakes, deadlines, and available funding levers has become a strategic priority. It's also an opportunity: to turn a regulatory constraint into a profitable investment, thanks in particular to IoT technologies and hypervision platforms such as those developed by Kuzzle.
For a full overview, see our complete guide to connected and sustainable territories.
The BACS decree, short for Building Automation and Control Systems, is a French regulation that makes it mandatory to install automation and control systems in tertiary buildings. Published in the Official Journal on 21 July 2020 under number 2020-887, it was amended and reinforced by decree no. 2023-259 of 7 April 2023.
This text transposes into French law the European directive on the energy performance of buildings (EPBD, Energy Performance of Buildings Directive). It falls under the ELAN law (on housing, planning, and digital development) and creates articles R. 175-1 to R. 175-5-1 of the French Building and Housing Code (CCH), which set out the technical obligations and applicable deadlines.
A BACS is, in practice, a system capable of controlling a building's technical installations, heating, ventilation, air conditioning (HVAC), lighting, and hot water production, in an automated and intelligent way. These systems, often referred to as BMS (Building Management System) or BEMS (Building Energy Management System), collect data in real time, analyse it, and trigger optimisation actions without systematic human intervention.
The stated goal is ambitious: significantly reduce energy consumption in tertiary buildings through more precise automated management, while guaranteeing occupant comfort and air quality. Available data suggests a properly sized BMS can reduce a building's energy consumption by 15% to 30%, or more depending on the initial state of the installations.
The reference standard is NF EN ISO 52120-1 (formerly NF EN 15232-1), which classifies BMS into four performance levels:
The decree requires at least Class C for existing buildings. However, only Classes A and B are eligible for CEE (energy savings certificate) funding via the standardised operation sheet BAT-TH-116, which strongly encourages targeting a higher performance level.
The scope of the BACS decree covers all non-residential tertiary buildings equipped with heating and/or air conditioning (HVAC) systems above certain power thresholds. This includes offices, hotels, shops, education and healthcare facilities, sports facilities, administrative and cultural buildings, and any other professional-use premises.
The decree distinguishes two levels of obligation based on the rated useful power of the HVAC systems in place:
From the moment a piece of technical equipment is purchased or replaced (fully or partially), it must be connected to the automation and control system. This provision applies once the overall system exceeds the regulatory thresholds.
Under article L. 111-10-3-1 of the CCH, the decree provides an exemption for buildings, new or existing, for which a study demonstrates that the payback period for installing a BACS exceeds 10 years. This calculation must be made after deducting available financial aid, in particular energy savings certificates (CEE). If the payback period is under 10 years, then all technical systems present in the building must be connected to the BACS, regardless of their rated useful power.
Achieving BACS compliance can represent a significant investment, especially for managers of large property portfolios. Several schemes can substantially reduce the remaining cost, however.
The energy savings certificate (CEE) scheme is the central mechanism for funding BMS projects that comply with the BACS decree. Created by programme law no. 2005-781 of 13 July 2005, this scheme requires energy suppliers (electricity, gas, heating oil, fuel) to fund energy-saving actions carried out by their customers or by third parties.
For BMS, the relevant standardised operation sheet is BAT-TH-116 (or BAT-TH-113 depending on the scope of the equipment supervised). It can fund the installation of a Class A or B BMS in an existing tertiary building. The CEE subsidy can cover 30% to 50% of the total installation cost, depending on the CEE operator chosen, the area managed, and market conditions.
Important point: Class C doesn't qualify for CEE funding. This is one more reason to aim for a Class B or A BMS from the outset, turning a regulatory expense into an investment with a measurable return.
These two regulations are complementary and target the same sector, but their mechanisms and objectives differ. Confusing them can lead to planning mistakes.
The "décret tertiaire" (decree no. 2019-771 of 23 July 2019, issued under the ELAN law) sets progressive energy consumption reduction targets for all tertiary-use buildings over 1,000 m²:
These reductions are calculated against a reference year chosen after 2010. Those subject to the decree must report their consumption on the OPERAT platform (Observatory for Tertiary Sector Energy Performance, Renovation, and Actions), managed by ADEME.
The BACS decree, by contrast, doesn't set a consumption level to reach but requires the installation of specific technical tools (BMS systems). It's a means-based obligation, not a results-based one. It applies once HVAC power thresholds are exceeded, regardless of the building's floor area.
| Criteria | BACS Decree | Tertiary Decree |
|---|---|---|
| Type of obligation | Means-based (install a BACS) | Results-based (reduce consumption) |
| Trigger criterion | HVAC power over 70 kW or 290 kW | Floor area over 1,000 m² |
| Deadlines | 2025 (over 290 kW) / 2030 (over 70 kW) | 2030 / 2040 / 2050 |
| Tracking tool | BMS inspection every 5 years | OPERAT platform (ADEME) |
| Link between the two | BACS is a lever for reaching the tertiary decree's targets | Data collected by the BACS feeds OPERAT reporting |
In practice, the two decrees reinforce each other. Installing a high-performing BACS (Class A or B) is one of the most effective levers for reaching the consumption reduction targets set by the tertiary decree.
Achieving BACS compliance isn't just about installing a standard BMS. It's part of a broader digital and energy transition for the building, in which IoT technologies play a growing role. Here are the main solutions available on the market:
| Solution | Target BMS Class | Key Features | Possible Funding | Main Use Case |
|---|---|---|---|---|
| BMS/BEMS (Building Management System) | Class A or B (NF EN ISO 52120-1) | Centralised supervision of HVAC, lighting, water, security | Eligible for CEE BAT-TH-116 | Buildings over 70 kW |
| Connected IoT sensors | Not required | Real-time measurement of temperature, CO₂, humidity, electricity consumption | Possible funding via CEE | All buildings |
| IoT and hypervision data platform | Compatible with Class A/B | Centralisation, analysis, dashboards, automatic alerts | Energy optimisation lever | Property portfolio managers |
| Automatic HVAC control system | Class C minimum | Heating, air conditioning, and ventilation control based on occupancy | Mandatory when replacing equipment | All relevant tertiary buildings |
| BMS audit / energy audit | Not applicable | Assessment of existing systems, sizing, action plan | Required for exemption requests (payback over 10 years) | Prerequisite for any compliance project |
| Digital twin of the building | Not required | Virtual modelling of equipment and energy flows | Predictive maintenance optimisation | Large property portfolios |
The most effective approach combines a local BMS (for controlling HVAC equipment) with a centralised IoT and hypervision platform that aggregates data across the entire estate, enables detailed consumption analysis, and triggers automated optimisation actions. This combination is what makes it possible to reach Class A or B and maximise real energy savings.
Kuzzle is a French IoT and Hypervision software vendor specialising in connected and sustainable territories and the technical and energy management of buildings. For over 10 years, its teams have supported local authorities, property portfolio managers, healthcare facilities, and industrial companies in the digital transformation of their buildings and infrastructure.
The Kuzzle platform is structured around three complementary products, each addressing a different level of maturity in IoT data management:
In practice, projects deployed with the Kuzzle platform address the BACS decree's functional requirements point by point:
The city of Noisy-le-Grand, for example, deployed the Kuzzle IoT platform in its primary schools to measure air quality and reduce the energy consumption of its buildings.
The question of penalties is an evolving one. At this stage of the decree's implementation, the enforcement framework is still being built, but several coercive mechanisms already exist or are being defined.
The decree explicitly provides for a periodic inspection of BACS systems every 5 years. The first inspection covers three areas: reviewing the system's functional analysis, verifying it's working properly, and assessing compliance with the requirements set out in article R. 175-5-1 of the CCH. These inspections are carried out by qualified professionals and form the basis of the compliance control system.
The BACS decree itself doesn't currently provide for a specific, direct financial penalty. However, as its control mechanism specifies, failure to comply with the obligations can lead to a formal notice to carry out the compliance work. Administrative penalties may be applied in the event of persistent non-compliance.
Buildings that don't comply with the BACS decree are also exposed to penalties under the tertiary decree, to which they are often jointly subject. These penalties include:
Beyond that, a non-compliant building will see its appeal and asset value negatively affected: institutional buyers, tenants, and lending institutions increasingly factor ESG (Environmental, Social, Governance) criteria into their decisions. A building without a high-performing BMS is a building exposed to progressive depreciation.
In practical terms, specialists agree that it's more cost-effective to invest in a compliant system that generates measurable energy savings than to risk fines while continuing to overconsume. A Class A or B BMS, partly funded through CEE, can achieve a return on investment within 2 to 5 years, depending on the size and initial condition of the buildings.
No. The BACS decree only applies to non-residential tertiary buildings (offices, hotels, shops, education and healthcare facilities, etc.). Collective housing or single-family homes aren't subject to this obligation.
Class C corresponds to the regulatory minimum: it provides basic automatic control functions. Classes A and B include more advanced automation, predictive optimisation, and energy reporting features. Only Classes A and B qualify for CEE funding via the BAT-TH-116 sheet.
You need to produce a techno-economic study demonstrating that the payback period for installing a BACS exceeds 10 years, after deducting available financial aid (including CEE). This study must be carried out by a qualified professional. The decree doesn't specify an official format, but the rigour of the analysis will be decisive in the event of an inspection.
Yes. A decree published at the end of December 2025 pushed this deadline back to 1 January 2030, in order to align France with the European timeline and account for the budgetary constraints of local authorities and technical delays. The obligation for buildings over 290 kW (1 January 2025 deadline) remains unchanged.
No, but they can cover a significant share. Based on field feedback, the CEE subsidy via the BAT-TH-116 sheet can represent 30% to 60% of the installation cost of a Class A or B BMS. The exact amount depends on the area managed, the type of energy, and the CEE operator chosen.
The decree provides for a periodic inspection of BACS systems every 5 years. The first inspection includes a review of the system's functional analysis, a check that it's working properly, and an assessment of compliance with regulatory requirements.
An IoT and hypervision platform like Kuzzle's doesn't replace a BMS system in the regulatory sense, but it decisively complements it. It collects data from all connected equipment, visualises it in real time on business dashboards, triggers alerts, and optimises consumption well beyond the basic functions of a BMS. Combined with a compliant BMS, it makes it possible to reach Class A or B and maximise energy savings.
RE2020 (France's 2020 Environmental Regulation) sets thermal and carbon requirements for new buildings, while the BACS decree applies to the entire existing and new tertiary estate to require energy management systems. The two regulations complement each other: RE2020 sets construction standards, while the BACS decree ensures that buildings in operation genuinely optimise their performance. Since 1 May 2026, RE2020 has applied to 13 categories of tertiary buildings.
The BACS decree applies to both owners and operators of tertiary buildings. In practice, the compliance obligation falls to whoever controls the building's technical systems, which can vary depending on the terms of the lease or facilities management contract.
The decree doesn't prescribe a specific protocol, but open, interoperable protocols such as BACnet and KNX are the market's reference standards for compliant BMS. A building already equipped with a BEMS using these protocols can often achieve BACS compliance through a software upgrade or the addition of gateways, reducing the cost of compliance by 30% to 50%.