Under the French tertiary decree, the OPERAT platform has become a mandatory step for every organisation subject to energy consumption reduction requirements in the tertiary sector. Understanding how it works, keeping track of deadlines, and anticipating penalties: here's what you need to know to stay compliant.
For a full overview, see our complete guide to connected and sustainable territories.
Table of contents
- What Is ADEME's OPERAT Platform?
- Who Is Affected by OPERAT Reporting?
- How Do You Report on the OPERAT Platform?
- What Data Needs to Be Entered on OPERAT?
- What Are the Reporting Obligations Under OPERAT?
- OPERAT Reporting: Key Deadlines to Know
- How Does the OPERAT Platform Relate to the BACS Decree?
- What Are the Penalties for Failing to Report on OPERAT?
- FAQ: OPERAT Reporting and the Tertiary Decree
What Is ADEME's OPERAT Platform?
OPERAT (Outil de Pilotage de la Rénovation Énergétique du Tertiaire, roughly "tool for managing tertiary sector energy renovation") is the official digital platform set up by ADEME (France's ecological transition agency) to track and report energy consumption in tertiary buildings. It was established under decree no. 2019-771 of 23 July 2019, known as the tertiary decree, issued under the ELAN law of 23 November 2018 (law no. 2018-1021).
The OPERAT platform centralises energy consumption data reported by those subject to the decree, calculates progress against the reference year, and checks whether the regulatory reduction targets have been met. It also produces the annual certificate used to demonstrate a facility's compliance.
In practice, OPERAT is built around three main functions:
- entering energy consumption by energy type (electricity, gas, heating oil, etc.);
- automatically calculating progress toward the reduction targets;
- generating a digital certificate that can be relied on during inspections.
The tertiary decree, supplemented by the order of 10 April 2020 known as the "méthode" order (relating to obligations to reduce final energy consumption in tertiary-use buildings), sets out the terms for reporting on OPERAT as well as the numerical targets to be reached by 2030, 2040, and 2050.
Who Is Affected by OPERAT Reporting?
The OPERAT reporting obligation applies to any owner or tenant of a building or part of a building used for tertiary purposes with a floor area equal to or greater than 1,000 m², provided the activity carried out falls within the scope defined by the tertiary decree (article L. 174-1 of the French Building and Housing Code).
The following sectors are covered (non-exhaustive list):
- offices and corporate headquarters;
- shops and large retail stores;
- education and training establishments;
- healthcare, medico-social, and social facilities;
- hotels, restaurants, tourist accommodation;
- public buildings belonging to the State, local authorities, and their groupings;
- logistics warehouses and tertiary-use premises.
The 1,000 m² threshold is assessed at the level of the functional entity: several distinct buildings belonging to the same organisation on the same site can be grouped together to reach this threshold. However, the same floor area can't be reported by two different entities.
Landlords and tenants have shared responsibilities: the owner is responsible for consumption linked to the building's fabric (heating, hot water in the case of collective heating), while the occupant is responsible for consumption linked to their own activity. The order of 10 April 2020 sets out this split and requires the parties to share information with each other.
How Do You Report on the OPERAT Platform?
The OPERAT reporting process takes place in several steps, accessible from the official portal operat.ademe.fr. Accessing the platform requires authentication via FranceConnect or an ADEME account.
Step 1: Create or Link Your Account
The person reporting must create an account on OPERAT or link to an existing account as an owner or tenant. Legal entities (businesses, local authorities) must appoint a designated person responsible for reporting.
Step 2: Declare the Functional Entities
Every building or group of buildings subject to the decree must be declared as a functional entity (FE). The SIRET number, address, floor area, and main activity are required at this stage.
Step 3: Enter the Reference Year
The reference year is the baseline used to measure progress. It must fall between 2010 and 2019 and correspond to a representative year of activity. Where reliable data isn't available for that period, adjustment rules are set out in the "méthode" order.
Step 4: Enter Annual Consumption
Each year, the person reporting enters the functional entity's final energy consumption, by energy type and by use. This can be entered manually or via file import.
Step 5: Validate and Obtain the Certificate
Once the data is entered, OPERAT automatically calculates progress in reported consumption against the annual target (in relative or absolute value, depending on the method chosen). For the absolute value method, the entity can also enter usage intensity indicators to adjust the target based on its actual level of activity. A digital certificate is then generated and can be downloaded.
What Data Needs to Be Entered on OPERAT?
The quality and completeness of the data reported on OPERAT determine the reliability of regulatory tracking. The order of 10 April 2020 specifies the mandatory and optional data.
| Data Category | Required Data | Usual Source |
|---|---|---|
| Building identification | SIRET number, address, floor area, year of construction | Property deed / lease / trade register |
| Tertiary activity | NAF code, type of activity, usage intensity (m², hours, overnight stays, etc.) | Internal declaration / RCS |
| Final energy | Consumption by type (kWh electricity, gas, heating oil, district heating, etc.) | Supplier invoices / meter point references |
| Reference year | Reference year consumption (2010-2019) | Billing history / BMS |
| Climate adjustment | Weather data if requesting a climate correction | Météo-France / BMS software |
| Targets | Absolute or relative value targets depending on the method chosen | Automatically calculated by OPERAT |
For buildings equipped with a Building Management System (BMS), consumption data collection can be largely automated upstream, significantly reducing the manual work involved in OPERAT reporting. This is precisely where IoT solutions such as Kuzzle's provide significant added value.
The Kuzzle IoT platform collects energy consumption data in real time from all types of connected sensors and equipment (smart meters, probes, controllers) and centralises it in a unified dashboard.
With Kuzzle Hypervision, building portfolio managers get a consolidated, multi-site view of their consumption, which greatly simplifies preparing annual reports by reducing the work of collecting and cross-referencing data from different sources (energy suppliers, BMS, meters).
What Are the Reporting Obligations Under OPERAT?
The obligations of entities subject to the tertiary decree (codified in articles L. 174-1 to L. 174-4 of the French Building and Housing Code) cover several distinct areas.
Initial Reporting Obligation
Every entity subject to the decree must make an initial report on OPERAT covering the functional entity's information and the reference year's consumption. This obligation took effect for the first reporting campaign, whose regulatory deadline was set at 30 September 2022, with a grace period granted by the administration until 31 December 2022.
Annual Reporting Obligation
Each year, the entity must report the actual consumption for the past year, before 30 September of the following year. The report covers all final energy consumed for regulated uses (heating, cooling, hot water, lighting, auxiliary systems, and other tertiary-specific uses).
Obligation to Implement Actions
Beyond reporting, the tertiary decree requires entities to implement actions to reach the following targets:
- -40% final energy consumption by 2030 compared to the reference year;
- -50% by 2040;
- -60% by 2050.
These targets can be reached in relative value (percentage reduction) or absolute value (target consumption level set by order for each activity). The entity chooses whichever method is most favourable.
Obligation to Share Information Between Landlord and Tenant
Article R. 174-25 of the French Building and Housing Code requires the landlord to share with the tenant the information needed to prepare the report, and vice versa. This cooperation obligation is formalised as part of the commercial lease or occupancy agreement.
OPERAT Reporting: Key Deadlines to Know
The regulatory timeline for OPERAT reporting is built around several important milestones, set out in the decree and its implementing orders.
| Deadline | Nature of the Obligation | Regulatory Basis |
|---|---|---|
| 30 September 2022 (grace period until 31/12/2022) | First reporting campaign covering reference data and 2020/2021 consumption | Decree no. 2019-771 + order of 10/04/2020 |
| 30 September N+1 | Annual reporting of year N's consumption (every year) | Art. R. 174-22 CCH |
| 2030 | First reduction milestone: -40% vs. reference year | Art. L. 174-1 CCH |
| 2040 | Second milestone: -50% vs. reference year | Art. L. 174-1 CCH |
| 2050 | Final milestone: -60% vs. reference year | Art. L. 174-1 CCH |
| 1 January 2025 | Entry into force of the BMS equipment obligation for tertiary buildings over 290 kW (BACS decree) | Decree no. 2020-887 of 21/07/2020 |
It's strongly recommended not to wait until the 30 September deadline to complete the annual report, since billing data from some energy suppliers can take several weeks to process.
How Does the OPERAT Platform Relate to the BACS Decree?
The BACS decree (Building Automation and Control Systems), stemming from decree no. 2020-887 of 21 July 2020, is closely tied to the OPERAT platform, even though it's a distinct regulatory text. The BACS decree transposes into French law the requirements of the European directive on the energy performance of buildings (EPBD), known as directive 2018/844/EU.
The BACS decree requires the installation of a building management system (BACS or BMS) in non-residential tertiary buildings equipped with a heating or air conditioning system whose rated power exceeds 290 kW. This obligation applied from 1 January 2025 for existing systems.
The link with OPERAT is direct: the BMS required by the BACS decree is precisely the tool that automatically collects, consolidates, and exports the energy consumption data required by OPERAT. A building equipped with a high-performing BMS will be able to:
- automate data flows to OPERAT via compatible connectors;
- improve the reliability of reported consumption through real-time measurement rather than estimates;
- identify sources of overconsumption to drive corrective action;
- document savings achieved for administrative inspections.
This is exactly the context in which the Kuzzle IoT platform plays a central role. Compatible with the main IoT protocols (MQTT, LoRaWAN, BACnet, Modbus, and more), it connects all of a building's or property portfolio's equipment, aggregates data in real time, and makes it available via open APIs. Kuzzle Hypervision goes further by offering a cross-department supervision interface, letting teams cross-reference energy data with occupancy, maintenance, or air quality data, valuable information for justifying the adjustments allowed under OPERAT's "méthode" order.
Thanks to Kuzzle Data, technical teams can also archive historical consumption data over long periods, ensuring the traceability of data reported on OPERAT and making it easier to respond to administrative inspections.
What Are the Penalties for Failing to Report on OPERAT?
Failing to meet OPERAT reporting obligations, and more broadly failing to comply with the tertiary decree, exposes entities to administrative penalties set out in articles L. 174-3 and L. 174-4 of the French Building and Housing Code, as introduced by the ELAN law and its implementing decrees.
The Formal Notice Procedure
Before any penalty, the relevant administration (DREAL or DDT, depending on the case) sends a formal notice to the non-compliant entity. The entity then has a period of time to correct the situation: complete the missing OPERAT reports or justify the actions taken to reach the reduction targets.
"Name and Shame"
The first penalty provided for in the text is the publication of the list of non-compliant entities on the official website of the ministry responsible for construction. This transparency measure, commonly known as "name and shame", aims to encourage compliance by exposing non-compliant organisations to media attention and reputational risk.
The Administrative Fine
If the situation isn't corrected after a formal notice, the entity risks an administrative fine of up to:
- €1,500 for an individual;
- €7,500 for a legal entity.
These amounts are set out in article L. 174-3 of the French Building and Housing Code. The fine can be renewed each year if the non-compliance persists.
Shared Landlord-Tenant Responsibility
Where non-compliance results from a failure to share data between landlord and tenant (an obligation set out in article R. 174-25 CCH), responsibility can be shared. It's therefore essential for the parties to formalise their respective obligations in the lease agreement, in particular through an environmental annex for commercial leases over 2,000 m² (article L. 125-9 of the French Environmental Code).
FAQ: OPERAT Reporting and the Tertiary Decree
Is the OPERAT platform mandatory for all tertiary buildings?
No. The obligation only applies to buildings with a floor area equal to or greater than 1,000 m², used for tertiary activities as defined by decree no. 2019-771. Buildings under 1,000 m² aren't subject to the obligation, even if their occupants carry out a tertiary activity.
How do you choose the reference year on OPERAT?
The reference year must fall between 2010 and 2019 and correspond to a representative year of activity, meaning one without any exceptional event (major works, extended closure, change of use). If several years are available, the entity chooses the one whose consumption is most representative of the building's normal operation. The order of 10 April 2020 sets out adjustment rules for incomplete data.
Can a landlord delegate OPERAT reporting to their tenant?
Yes, under certain conditions. The landlord can authorise the tenant to handle the reports concerning them, provided this is formalised in the lease agreement or an amendment. Legal responsibility toward the administration nonetheless remains shared, and each party must ensure the data provided is reliable and complete.
What happens if my building beats OPERAT's targets ahead of schedule?
A building that reaches or exceeds the interim targets (2030, 2040) before the deadline can receive official recognition via the OPERAT certificate, which can be used to support real estate certifications (HQE Exploitation, BREEAM In-Use, ISO 50001) or extra-financial reporting (CSRD, GHG assessments). Overperformance can't be carried over to other sites of the same entity, unless otherwise specified.
Is OPERAT data confidential?
Data reported on OPERAT is, in principle, accessible to the administration and inspection authorities. The list of non-compliant entities can be made public in the event of non-compliance (name and shame). Detailed consumption data, however, isn't automatically published and remains subject to the confidentiality rules applicable to business data.
Can Kuzzle help automate OPERAT reporting?
Kuzzle doesn't automatically submit reports on the OPERAT platform. However, the Kuzzle IoT platform is designed to connect all of a building's sensors and equipment (smart meters, probes, BMS controllers) and continuously collect energy consumption data. This data is tracked and consolidated over time, ensuring its reliability and traceability. In practice, this means the entity doesn't have to manually reconstruct its consumption history from multiple energy suppliers at reporting time. Kuzzle Hypervision also makes it possible to supervise several functional entities from a single interface, making it easier to manage a multi-site property portfolio.
Does the BACS decree apply to the same buildings as OPERAT?
The BACS decree applies to a different scope: it concerns non-residential buildings equipped with heating or air conditioning systems with a rated power over 290 kW. Not every building subject to OPERAT is necessarily subject to the BACS decree, and vice versa. In practice, large tertiary buildings are often subject to both regulations, which creates overlap in the technical solutions to be deployed.
