BACS Decree: regulatory update

BACS: an update on the requirement to implement building automation and control systems to reduce energy consumption.

Juliette Virly
Consultante HSE
Publication : 
14.03.2023
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Effective as of July 21, 2021, the BACS decree (Building Automation and Control System) mandates the installation of automation and control systems in commercial buildings by January 1st , 2025. We provide an overview of this regulation and its potential future developments.

What are the objectives of the BACS decree?

The BACS decree, codified in articles R. 175-1 to R. 175-9 of the Construction and Housing Code (link), is a means of achieving the energy consumption reduction targets set by the Tertiary Decree (the framework for which is presented in this article (link)).

Indeed, Building Management Systems (BMS) must, in particular, enable:

  • Continuous monitoring, recording, and analysis of energy production and consumption data from building technical systems;
  • Detection of energy efficiency losses in building technical systems;
  • Informing the operator of opportunities to improve the energy efficiency of these systems.

What are the obligations resulting from the BACS decree?

The BACS decree mandates the implementation of a building automation and control system.

This obligation applies to owners of buildings:

  • In which commercial or non-commercial tertiary activities are carried out (see definition of tertiary activity from the tertiary decree), including buildings in the primary and secondary sectors;
  • And which operate heating and air conditioning systems, whether or not combined with a ventilation system, with an effective rated output greater than 290 kW.

The requirement applies to:
  • New buildings for which the building permit is submitted after July 21, 2021;
  • Existing buildings for which the building permit was submitted before July 21, 2021, no later than January 1st , 2025.

An exemption is possible if a study demonstrates that the installation of a BACS is not feasible with a return on investment of less than six years.

The OPERAT platform includes a section "8 – Action levers and financing" which allows those concerned to assess their compliance with the BACS decree, among other things.

The decree of November 21, 2022, regarding the inspection and maintenance of boilers and thermodynamic systems, incorporates the verification of the presence of a building automation and control system during:

  • Annual maintenance of boilers with a rated output between 4 kW and 400 kW for boilers with a rated output greater than 70 kW, effective from November 26, 2022;
  • Energy efficiency checks for boilers with a rated output between 400 kW and 20 MW, effective from May 25, 2023;
  • Five-year inspections of thermodynamic systems with a rated output greater than 70 kW, effective from May 25, 2023.

Update on proposed changes to the BACS decree

A draft decree concerning building automation and control systems for commercial buildings aims to expand the scope of the BACS decree. This would include:

Buildings used for commercial activities, equipped with heating or air conditioning systems, whether or not combined with a ventilation system, with a rated effective output greater than 70 kW.

This requirement would apply no later than January 1st , 2027.

The exemption criteria would also be modified, as the study must demonstrate that installing such a device cannot be achieved with a return on investment of less than 10 years.

A periodic inspection of automation and control systems would also be established, with the first to be completed no later than January 1st , 2025, for existing systems. The draft implementing order also provides for a five-year frequency for these inspections. This would be reduced to 2 years in the event of the installation or replacement of the BEMS or a technical system connected to the BEMS.

The inspection would include:

  • A review of the system's functional analysis (for the first inspection);
  • A check of the system's proper functioning;
  • An assessment of compliance with the requirements mentioned in Article R. 175-3 and, unless the inspected system, the connected technical systems, and the building's needs have not changed since the last inspection, an assessment of the system's settings in relation to the building's usage;
  • The provision of necessary recommendations regarding the proper use of the existing system, potential improvements to the entire installation, the possible benefits of replacing it, and other viable solutions.

The public consultation for the decree ended on January 20, 2023; these drafts are therefore expected during 2023.