BACS decree, who is concerned: 70 kW and 290 kW thresholds, deadlines

The BACS decree requires a building automation and control system to be installed in commercial buildings whose rated useful output exceeds a set threshold. This regulation targets the energy efficiency of France's commercial building stock. The first threshold, 290 kW, has been in force since January 2025. The second, set at 70 kW, has been postponed to 1 January 2030. Several thousand existing buildings are discovering that they are subject to it. This article lets you qualify your situation quickly: thresholds, deadlines, exemptions and practical implementation.

What is the BACS decree and which buildings does it cover?

Origin and regulatory framework of the BACS decree

The BACS decree (French decree no. 2020-887 of 20 July 2020 on building automation and control systems) transposes the European EPBD directive into French law. BACS stands for building automation and control system: a system that automates and controls a building's technical equipment. The text, codified in articles R. 175-1 to R. 175-5-1 of the Code de la construction et de l'habitation (CCH, the French Construction and Housing Code), was amended by the decree of 7 April 2023 and then by decree no. 2025-1343 of 26 December 2025 (JORF, the French Official Journal, of 27 December 2025). For the full scope of this regulation, see our dedicated article on the BACS decree.

Purpose of the decree: automating the control of HVAC systems

The text has a precise goal: to require the installation of a system for the automation and control of heating, ventilation and air-conditioning systems in the commercial buildings concerned. The building's energy management must become more efficient through supervision capable of monitoring and controlling consumption according to actual needs. The decree requires installation, not operation: the distinction is decisive.

Non-residential commercial buildings: the scope of application

The decree applies to non-residential commercial buildings, whether for-profit or not-for-profit. The tertiary sector covers a wide range of activities:

• Offices and public administration
• Shops and shopping centers
• Educational establishments
• Healthcare facilities and nursing homes (EHPAD)
• Hotels and restaurants
• Warehouses and logistics hubs

Residential buildings are excluded from the scope. The categories subject to the decree are those defined by the ministerial order (arrêté) of 10 April 2020 relating to the Décret tertiaire (France's tertiary decree on energy savings in commercial buildings) (order of 10 April 2020, annex).

New buildings: the rules since the decree of 7 April 2023

For new buildings, the decree of 7 April 2023 (decree no. 2023-259) requires a BACS to be installed at construction when the building permit application is filed on or after 8 April 2024 and the rated useful output exceeds 70 kW (art. R. 175-2, II, 3° of the CCH). For buildings above 290 kW, this obligation already applied to permits filed on or after 21 July 2021 (decree no. 2020-887). There is therefore no "threshold-free" obligation: the 70 kW threshold also applies to new buildings. New buildings are not affected by the postponement of the deadline to 1 January 2030 introduced by decree no. 2025-1343.

Existing buildings: the two rated useful output thresholds

For existing buildings, the decree applies in two waves depending on the rated useful output of the heating or air-conditioning system:

• 290 kW threshold: compliance required since 1 January 2025 (decree no. 2020-887, art. R. 175-2 CCH).
• 70 kW threshold: deadline initially set at 1 January 2027, postponed to 1 January 2030 by decree no. 2025-1343 of 26 December 2025 (JORF of 27 December 2025).

Co-owned buildings and multi-building sites: how does the threshold apply?

The rated useful output threshold is assessed per building, not per site or per unit in co-owned buildings (art. R. 175-2 CCH; ministry application guide, January 2026). For a building connected to a district heating or cooling network, the output of the substation is what counts. On a commercial campus with several buildings, each building is calculated independently. A co-owned commercial building follows the same logic: the output of the whole building determines whether it is subject.

Your building is just below the threshold: should you plan ahead?

A building whose output is between 50 and 70 kW is not subject at this date. Replacing equipment can change that. If a more powerful boiler or chiller crosses the 70 kW threshold, the building falls within the scope of the decree. Planning the improvement of control now avoids a last-minute constraint.

How do you calculate the rated useful output of your installations?

Which equipment counts in the output calculation?

The calculation covers the rated useful output of heating or air-conditioning systems, whether or not combined with a ventilation system (R. 175-2 CCH). Ventilation alone does not count toward the threshold: an AHU (air handling unit) is taken into account only when it is combined with a heating or air-conditioning system (BACS decree application guide, ministry, January 2026). Boilers, chillers and heat pumps are within scope. Domestic hot water does not count toward the threshold (BACS guide, January 2026). Lighting is not part of this calculation either, although it is one of the end uses covered by the Éco-Énergie Tertiaire decree.

Equipment included:

• Heat generators (boilers, heat pumps, connected district heating networks)
• Chillers (cooling production units)
• Air handling units, only when combined with a heating or air-conditioning system

Should heating and air-conditioning outputs be added together?

No. The decree covers buildings equipped with "a heating system or an air-conditioning system" whose rated useful output exceeds the threshold (R. 175-2 CCH): each system is compared with the threshold individually, with no adding up of heating and air-conditioning (ministry application guide, January 2026). A building equipped with a 200 kW boiler and a 150 kW chiller is subject because its heating system exceeds 70 kW, not on the basis of 350 kW. On the other hand, several generators within the same system (cascaded boilers) are added together, and for a reversible thermodynamic system the higher of the heating and cooling outputs is used. Doing this analysis correctly determines whether the building is subject.

Mixed-use sites: which output should be used when the building combines commercial and residential uses?

The decree covers buildings or parts of buildings used for commercial (tertiary) purposes (R. 175-1 CCH). In a mixed-use building, only the commercial part counts. The rated useful output serving the dwellings is excluded from the calculation. If a commercial building shares its HVAC equipment with dwellings, you must isolate the share of output that serves the commercial floor areas. A precise analysis of how the equipment operates settles the question.

What practical obligations does the BACS decree impose, and what exemptions exist?

Functions required by the text: control, monitoring and reporting

The BACS decree requires specific functions, codified in article R. 175-3 of the CCH. The installed automation and control system must:

• Continuously monitor, log and analyze, by functional zone and at an hourly time step, the energy production and consumption data of the technical systems, and adjust those systems accordingly (data kept at monthly granularity for five years)
• Benchmark the energy efficiency of the building against reference values, detect losses of efficiency and inform the operator of opportunities for improvement
• Be interoperable with the building's various technical systems
• Allow manual shutdown and autonomous management of one or more technical systems

These requirements aim at active energy management, not mere passive supervision. To understand what the inspection checks, the logic is the same: the system must demonstrate autonomous management of setpoints and monitoring.

BMS classes and the NF EN ISO 52120-1 standard: what the text actually requires

The BACS decree does not mention any class of the NF EN ISO standard 52120-1. It defines its own functional requirements without referring to that standard's levels A, B, C or D. The prevailing market reading remains "class B minimum". This interpretation is based on a technical comparison between the functions in the decree and those described by the standard. No regulatory text requires it; the ministry application guide (January 2026) even states that a class C BACS is deemed to meet all the regulatory requirements. Confusing the standard with the decree leads to oversized - or undersized - specifications.

Regulatory compliance vs CEE eligibility: two separate logics

Three schemes overlap in the field. Confusing them costs time and money. The BACS decree requires a system to be installed. The Décret tertiaire (Éco-Énergie Tertiaire) requires consumption to be cut by 40% by 2030. The BAT sheet-TH-116 funds the installation of a class A or B BMS through CEE energy-savings certificates (the CEE scheme). The premium amount depends on the volume of kWh cumac (cumulative, discounted kWh) generated. Each has its own criteria, its 2025 and 2030 deadlines and its own point of contact. A guide published by the government details how to access each scheme.

The exemption for a payback period of more than 10 years

Article R. 175-2 of the CCH provides for an individual exemption. The owner must produce a study establishing that the payback period of installing a BACS exceeds 10 years (the 6-year threshold of the 2020 decree was raised to 10 years by decree no. 2023-259). The method is set by annex 1 of the order of 7 April 2023: additional cost net of subsidies (at least two quotes), energy savings taken by default as 15% of consumption over the last two years or estimated through an energy audit, average billed cost of each energy. It is carried out per building. This exemption does not remove the need to keep the evidence: in the event of an inspection, the owner presents the study and its calculation method. Each company concerned can call on an expert to carry out this calculation.

Which buildings are excluded from the scope?

The BACS decree does not apply to all buildings. It covers only buildings "in which for-profit or not-for-profit tertiary activities are carried out", including those owned by companies in the primary or secondary sector (art. R. 175-2 CCH). The following are therefore out of scope:

• Buildings used for residential purposes (the residential part of a mixed-use building is out of scope)
• Non-commercial buildings (production workshops, farm operating buildings), except for their parts used for commercial purposes
• Buildings whose heating or air-conditioning systems do not exceed 70 kW

Unlike the Éco-Énergie Tertiaire decree, the BACS decree does not provide a list of specific exclusions (places of worship, temporary structures, defense) or a heritage exemption: the only individual exemption is the one for a payback period of more than 10 years.

Compliance on paper vs performance in the building

A compliant BMS does not guarantee an actively controlled BMS

The decree requires a system to be installed. It does not require it to be operated properly. We see BMSs that are compliant on paper and unable to hold a setpoint three years after handover. Overrides (manual overrides) pile up. Alarms are disabled. Consumption monitoring exists in the software, but nobody looks at it. The BMS (building management system) becomes a dormant tool. Mastering actual operation requires active, day-to-day control.

The question the building owner should ask their integrator

Before signing an implementation contract, ask this question:

"What happens when your BMS is compliant on paper but nobody is running it?"

The answer says a lot. An integrator who only talks about installation without mentioning operation leaves the building owner alone to face the drift. The technical solution is worthless without the operating plan to keep it alive.

BMS advisory: an independent diagnostic before any decision

Our BMS advisory service steps in before any equipment decision. An audit checks whether the building is actually subject, identifies the gaps between the existing BMS and the requirements of the decree, and assesses compliance without bias. The independent diagnostic protects the building owner: we sell neither BMSs nor controllers. Before concluding that replacement is needed, one question: are your controllers obsolete? On a Schneider estate, a Xenta declared end-of-life may still run properly. Installing a new BMS is recommended only if the existing system cannot be brought into line with the regulatory framework. This analysis makes it possible to achieve compliance while optimizing the technical renovation budget.

Make the existing BMS reliable before seeking performance

A BMS (building management system) is already installed in most of the commercial offices concerned. Before seeking performance, the system in place must be made reliable. Remove the accumulated overrides (manual overrides). Restore consistent sequences. Reactivate the useful alarms. Realign maintenance on reliable data. This step improves comfort and reduces consumption without any hardware investment. The operations team gets back a tool it can run day to day.

AI Control: when compliance becomes an optimization lever

Once the BMS is reliable, AI Control takes over. A digital twin of the building learns its actual thermal behavior. The AI controls the HVAC every 15 minutes, without works, relying on the existing BMS. Energy savings are measured according to the IPMVP protocol and can be audited by a third party. At Valeo, this approach delivered a -28.6% reduction in HVAC consumption (Foobot case study, IPMVP measurement). Energy efficiency no longer rests on a declared objective but on verifiable data.

FAQ - BACS decree: the most frequently asked questions

Is the BACS decree mandatory?

Yes. The BACS decree requires commercial buildings whose rated useful output exceeds the regulatory thresholds to install a building automation and control system. The obligation is in force.

Is there financial support for implementing the BACS decree?

CEE sheet BAT-TH-116 funds the installation of a class A or B BMS. CEE energy-savings certificates cover part of the investment through a premium calculated in kWh cumac. Other local subsidies may complement the scheme depending on the region.

How can you get support for BACS decree compliance?

An independent BMS advisor checks whether you are subject and steers project implementation. Compliance with the BACS decree starts with a diagnostic, followed by the installation of a system suited to your building.

How do you comply with the BACS decree and manage your BMS well?

The BMS must be actively operated: setpoint management, alarm monitoring and regular maintenance. The BACS decree requires a system to be installed. Performance comes from day-to-day operation and control of operating data.

Is a BACS enough for the Décret tertiaire?

No. The BACS decree requires a system to be installed. The Éco-Énergie Tertiaire decree requires consumption to be cut by 40% by 2030. The two obligations are complementary but distinct.

Are there exemptions from the BACS decree?

Yes. Article R. 175-2 of the CCH provides for an exemption if a study establishes that the payback period exceeds 10 years (method set by the order of 7 April 2023). The owner must keep this study.

What are the penalties for non-compliance with the BACS decree?

The BACS decree does not provide for any direct financial penalty at this stage. The compliance obligation exposes the owner to risk during regulatory inspections and checks of technical equipment.

What are the deadlines for meeting this obligation?

Existing buildings above 290 kW have been subject since 1 January 2025. Those between 70 and 290 kW have until 1 January 2030 (JORF of 27 December 2025). For new buildings, the obligation applies from the filing of the building permit.

How do you work out whether your building is subject to the BACS decree?

Identify the higher rated useful output between your heating system and your air-conditioning system. If it exceeds 70 kW, your building is probably subject. Doing this analysis clarifies your regulatory situation.