Occupation of the public domain by a trade (AOT)
Verified 01 January 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of the Interior
You are a merchant and you want occupy part of the public space (sidewalk, squares) for your business? You need to to seek authorization (in town hall or prefecture). This is a AOT: titleContent. There are 3 types of authorizations: parking permit (open terrace, food truck, display, funfair), road permit (closed terrace, kiosk) and right of place (market, market halls). You have to pay a royalty.
Open terrace, display, food truck
You are affected if you are one of the following merchants:
- Restaurant, bar or cafe with an open terrace with tables and chairs, possibly delimited by window boxes or removable glass screens. It can also be a terrace located along the sidewalk and allowing pedestrians to move between the front and the tables.
- Merchant with a product display or mobile equipment (e.g. ice tray, cooking appliance) placed against the front of the store, or located at the curb of the sidewalk
- Food truckfood, beverage or takeaway truck
- Fair for the installation of rides or fairground huts
The terrace is only allowed for bars, cafés and restaurants.
The municipal regulation may sometimes allow terraces only to owners of business funds of restaurants, bars or cafes, and not to landlords.
Warning
theAOT: titleContent is not necessary for a counter overlooking the street (snack, sandwich shop, bakery), whose clientele stays present on the sidewalk while making a purchase.
To occupy part of the public space in front of your shop or restaurant, you must follow the following rules:
- Do not cause discomfort to pedestrians, persons with reduced mobility or visual impairments, and emergency services
- Allow free access to the neighboring buildings and preserve the tranquility of the residents
- Respect the dates and opening times laid down in the authorization
- Respect the hygiene rules for foodstuffs (cold chain, protection of cooked dishes)
These rules are often written in a commercial occupation charter in the public domain, published by the municipality.
You can usually consult it on the website of your city or prefecture (or on site).
Warning
it is forbidden to settle a heating or air conditioning system on the terrace.
You must request a parking permit.
This license is intended for trade whose occupation of public space is without right of way fixed to the ground.
Please note
the installation of a terrace or a display without AOT: titleContent, without complying with the terms of an AOT or without payment of the fee, shall result in a fine of €1,500.
What file to fill out?
The file varies according to the municipalities.
You can find the file to download on the website of your city hall (or of your prefecture if your request is located on a major artery of the city).
This is either a form specific to your municipality or the cerfa form n°14023:
You must include at least the following documents with your application:
- Copy of the extract K or Kbis (certificate of registration in the commercial register SCR: titleContent or proof of registration to RNE: titleContent)
- For cafes, bars and restaurants: copy of the license in the name of the owner or operator of the business
- Copy of commercial lease or title
- Certificate of insurance for use of public space
- Description of the terrace or display and the materials used, including a plan showing where the device is to be placed on the sidewalk and its size
- Bank Identity Statement (BIR)
Where to send your file?
You must send your complete file to the City Hall (or the prefecture if your request is located on a major street of the city).
You can drop it off on site or send it by mail, preferably by registered mail with acknowledgement of receipt.
General case
The request is located on the communal area or a street of the city
The request is located on a national or departmental road or on some major arteries of the city
In Marseille
Who shall I contact
Marseille - Pitches Service
Allows Marseille professionals to make the following requests:
- Location in an open-air market or covered hall
- Authorization to settle a terrace, a display, a sign in front of a shop
- Authorization to settle scaffolding or palisade in the public domain
By mail
33 A rue Montgrand
13006 Marseille
By telephone
+33 4 91 55 15 64 or 04 91 55 22 44
What is the response time?
The processing of the application is between 2 weeks and 1 month depending on the communes.
Without a response within 2 months, the application is considered refused.
Warning
an authorization issued at local events by a holiday committee or an association has no legal force and may be canceled.
How do you get permission?
One municipal or prefectural decree is published. It is displayed in the town hall or prefecture for a minimum of 2 months.
She's personal : it may not be assigned, sublet to any other person or sold in connection with the sale of the goodwill.
She has a fixed term : it is usually valid for 1 year or 1 season. The start and end dates are specified in the authorization order. It shall be renewable or tacitly renewed.
It can be suspended or withdrawn at any time by the municipality, without notice or compensation, in particular to facilitate the execution of works or the conduct of an event.
The AOT authorization to occupy the public domain is paid.
If your application is accepted, you must pay a fee, called road rights.
The price varies depending on:
- Extent of the terrace or area of the display
- Duration of use (annual or seasonal)
- Commercial value of the street in question
The amount of the road rights may vary when the authorization is renewed.
Its amount is fixed by the municipality, to which you have to pay the settlement.
In the event of a change of business or transfer of goodwill, authorization toAOT: titleContent is no longer valid.
As a new owner or buyer, you have to make a new application of AOT.
You can file your AOT application in advance.
This advance request does not automatically result in authorization.
You must provide proof of the transfer of the land (title or commercial lease).
Closed terrace, kiosk
You are affected if you are one of the following merchants:
- Floor-mounted kiosk (e.g. newsstand)
- Restaurant, bar or cafe with a closed and fixed terrace
The terrace is only allowed for bars, cafés and restaurants.
The municipal regulation may sometimes allow terraces only to owners of business funds of restaurants, bars or cafes, and not to landlords.
To occupy part of the public space in front of your shop or restaurant, you must follow the following rules:
- Do not cause discomfort to pedestrians, persons with reduced mobility or visual impairments, and emergency services
- Allow free access to the neighboring buildings and preserve the tranquility of the residents
- Respect the dates and opening times laid down in the authorization
- Respect the hygiene rules for foodstuffs (cold chain, protection of cooked dishes)
These rules are often written in a commercial occupation charter in the public domain, published by the municipality.
You can usually consult it on the website of your city or prefecture (or on site).
Please note
you have the right to settle a heating or air conditioning system on a terrace enclosed with walls and airtight.
You must request a road permission.
This permission is intended for trade whose occupation of public space has a right of way fixed to the ground.
Please note
an installation without AOT: titleContent, without complying with the terms of an AOT or without payment of the road rightsshall result in a fine of €1,500.
What file to fill out?
The file varies according to the municipalities.
You can find the file to download on the website of your city hall (or of your prefecture if your request is located on a major artery of the city).
This is either a form specific to your municipality or the cerfa form n°14023:
You will need to attach the following documents to your application for authorization:
- 1/10,000 or 1/20,000th scale situation map
- Precise location plan at scale 1/1 000 or 1/2 000th
- Location Photo
Depending on your project, you may need to provide additional documents. They are specified on the form specific to your municipality.
Where to send your file?
You must send your complete file to the City Hall (or the prefecture if your request is located on a major street of the city).
You can drop it off on site or send it by mail, preferably by registered mail with acknowledgement of receipt.
General case
The request is located on the communal area or a street of the city
The request is located on a national or departmental road or on some major arteries of the city
In Marseille
Who shall I contact
Marseille - Pitches Service
Allows Marseille professionals to make the following requests:
- Location in an open-air market or covered hall
- Authorization to settle a terrace, a display, a sign in front of a shop
- Authorization to settle scaffolding or palisade in the public domain
By mail
33 A rue Montgrand
13006 Marseille
By telephone
+33 4 91 55 15 64 or 04 91 55 22 44
What is the response time?
The processing of the application is between 2 weeks and 1 month depending on the communes.
Without a response within 2 months, the application is considered refused.
Warning
an authorization issued at local events by a holiday committee or an association has no legal force and may be canceled.
How do you get permission?
A municipal or prefectural decree is published. It is displayed in the town hall or prefecture for a minimum of 2 months.
She's personal : it may not be assigned, sublet to any other person or sold in connection with the sale of the goodwill.
She has a fixed term : it is usually valid for 1 year or 1 season. The start and end dates are specified in the authorization order. It shall be renewable or tacitly renewed.
It can be suspended or withdrawn at any time by the municipality, without notice or compensation, in particular to facilitate the execution of works or the conduct of an event.
The AOT authorization to occupy the public domain is paid.
If your application is accepted, you must pay a fee, called road rights.
The price varies depending on:
- Extent of the terrace or area of the display
- Duration of use (annual or seasonal)
- Commercial value of the street in question
The amount of the road rights may vary when the authorization is renewed.
Its amount is fixed by the municipality, to which you have to pay the settlement.
In the event of a change of business or transfer of goodwill, authorization toAOT: titleContent is no longer valid.
As a new owner or buyer, you have to make a new application of AOT.
You can file your AOT application in advance.
This advance request does not automatically result in authorization.
You must provide proof of the transfer of the land (title or commercial lease).
Market, market hall
If you want to settle a stand in a marketplace or in covered market halls, you need to make a location request.
It is done through the town hall, the municipal plaza or the organizer of the event.
If accepted, you must pay a right of place.
Who can help me?
Find who can answer your questions in your region
- Town Hall
- Prefecture
Marseille - Pitches Service
Allows Marseille professionals to make the following requests:
- Location in an open-air market or covered hall
- Authorization to settle a terrace, a display, a sign in front of a shop
- Authorization to settle scaffolding or palisade in the public domain
By mail
33 A rue Montgrand
13006 Marseille
By telephone
+33 4 91 55 15 64 or 04 91 55 22 44
Authorization to occupy the public domain
Parking permits and temporary storage
General rules of occupation of the public domain
Application for an AOT in advance by the buyer of a goodwill
General rules of occupation (including prohibition of heating and air-conditioning)
Road use
Sanctions
