Pre-Brand Sales: Installation Rules
Verified 31 May 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of city planning
A pre-sign corresponds to any inscription, shape or image indicating the proximity of an establishment where an activity takes place. Pre-signs shall be subject to the provisions governing the publicity. However, preshipments derogations and pre-signs temporary are covered by a special scheme.
General case
What's that?
One pre-sign is an inscription, shape or image allowing to to indicate the proximity of a companies and specify the purpose (restaurant, tobacco, hotel, clothing, optics, etc.).
The pre-sign may be luminous or non-luminous. It can be settled on the ground or affixed to a wall, a tarpaulin or even an advertising vehicle.
Typically, the pre-sign is a billboard settled at the entrance to cities or before major intersections. It may indicate proximity to a shopping center, gas station or campsite, for example.
Please note
Every pre-sign must mention address and name (or the name of the company) of the natural or legal person who affixed it or had it affixed. Failure to provide such information shall be punishable by €7,500 fine.
What's the difference with a brand and an advertisement?
Pre-sign shall not be confused with the following devices:
- One sign is an inscription, form or image affixed to a building relating to an activity carried on there. In other words, the sign is a visible outward sign indicating the presence of an establishment (e.g. company name, logo or both, etc.). Unlike the sign, the pre-sign is not not affixed to the building where the activity is carried out. It is positioned before the sign.
- One publicity is an inscription, form or image intended to inform or attract the attention of the public. The distinction between pre-brand and advertising lies in a symbol (e.g. arrow) or a distance which indicates the geographical location of a company. The pre-sign must contain this symbol or distance so as not to be considered advertising.
A pre-sign cannot be settled in any place. The regulations vary depending on whether the installation of the pre-sign is envisaged in built-up area or outside of this one.
In built-up areas
Inside built-up areas, the installation of a pre-sign is authorized.
By exception, the installation of a pre-sign is forbidden at the following locations:
- On the trees
- On plantations, transport and electrical distribution poles, telecommunication poles, public lighting installations
- On public facilities relating to road, rail, inland waterway, sea or air traffic
- On the fences that are not blind
- On cemetery and public garden walls
- On the walls of buildings except when these walls are blind or have at least one opening with a unit area of less than 0,50 m²
- Immovable property classified or registered under historical monuments
- On natural monuments and in theclassified or registered sites
- Within 100 meters and in the field of visibility of buildings with an aesthetic, historic or picturesque character
- In the perimeter of remarkable heritage sites
- In national parks, regional natural parks and nature reserves
- In the special areas of conservation and special protection areas.
When it non-luminous and settled to the ground, the pre-sign is also forbidden in the following locations:
- In agglomerations of less than 10 000 inhabitants not forming part of a urban unit more than 100,000 inhabitants
- In wooded areas (woods, forests, parks) classified by a local city planning plan (PLU)
- In the areas to be protected because of the quality of the sites, natural environments, landscapes and their aesthetic or ecological interest.
If it exists, the Local Advertising Policy (RLP) of the municipality may derogate from some of those prohibitions.
Please note
One luminous pre-sign shall be prohibited in agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants. It is also prohibited, regardless of the number of inhabitants, when affixed to a vehicle used as an advertising medium.
Outside built-up areas
Outside built-up areas, the installation of a pre-sign is, in principle, forbidden.
By exception, the installation of a pre-sign is authorized within the following places:
- Airports
- Stations rail and road
- Sports facilities with a seating capacity of at least 15 000
- Close to the shopping mall establishments exclusive of any dwelling, if a Local Advertising Policy (RLP) allows it to do so.
Please note
It is also possible to implant derogatory pre-signs outside built-up areas.
The installation of a pre-sign must comply with rules in terms of location, size and density.
Location and dimensions
The location and dimensions that are allowed vary depending on the type of pre-sign and the number of inhabitants ofbuilt-up area in which the pre-sign is settled.
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Non-luminous pre-sign on a wall or fence
The non-luminous pre-sign shall be settled in accordance with next rules :
- The pre-sign may not be affixed to a roof or a terrace as such.
- The pre-sign shall not project beyond 0,25 meters from the wall supporting it.
- The pre-sign may not be affixed to a wall without the old pre-signs existing at the same place having been removed, unless they are pre-signs painted of artistic, historical or picturesque interest.
Please note
When pre-signs are affixed to a vehicle serving as an advertising medium, all these pre-signs must not cover a surface greater than 12 m² per vehicle.
Non-luminous pre-sign placed or sealed on the ground
Non-luminous ground preshions are forbidden in the agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants.
A non-luminous pre-sign on the ground shall not be settled unless 10 meters from a bay of a residential complex.
Please note
When pre-signs are affixed to a vehicle serving as an advertising medium, all these pre-signs must not cover a surface greater than 12 m² per vehicle.
Luminous pre-sign
One luminous pre-sign is a pre-sign in the production of which participates a light source specially designed for this purpose.
On the other hand, the devices only support posters illuminated by projection or by transparency must comply with the rules of non-luminous pre-sign. It's the illuminated signs from the outside by means of lights, bulbs or ramps, or from the inside by means of neon tubes (light box, window panels, etc.).
The luminous pre-sign is forbidden in the agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants. It is also prohibited, regardless of the number of inhabitants, when affixed to a vehicle used as an advertising medium.
Please note
The luminous pre-sign shall comply with night-time extinguishing rules.
Furthermore, the luminous pre-sign must comply with the next rules :
- The pre-sign duty be parallel to the wall that supports it.
- The pre-sign shall not exceed the boundaries of the wall that supports it.
- The pre-sign shall not be affixed to a balcony fence or railing.
- The pre-sign shall not cover all or part of a bay.
- The pre-sign shall not be settled within 10 meters of a bay of a residential complex.
In addition, a pre-sign located on a roof or a roof terrace must be carried out by means of cut-up letters or signs concealing their attachment to the support. In this case, the pre-sign shall not exceed the following height:
- 1/6 the height of the building's facade and not more than 2 m where this height is not more than 20 m
- 1/10 the height of the building's facade and not more than 6 m when this height is greater than 20 m.
Digital pre-sign
The pre-sign is called digital when it is broadcast on screens can show still images, moving images, and videos.
The maximum surface area and height of the digital preshile varies according to its power consumption.
By exception, the maximum area is set to 50 m² and the height at 10 mths above ground level, in following locations :
- Airport exceeding 3 million annual travelers
- Sports equipment with a capacity of at least 15,000 seats.
The digital pre-sign is forbidden when affixed to a vehicle used as an advertising medium. It shall also be prohibited when affixed to street furniture (bus shelters, newsstands, poster columns...) in a town of less than 10,000 inhabitants.
Please note
In order to avoid glare, digital advertising devices must be equipped with a grading system enablingadapting lighting to ambient light.
Ad Density
The pre-sign is subject to a density based on the length of theland unit on the road open to public traffic. Thus, as soon as the maximum number of pre-signs is reached, no other pre-signs can be settled on the land unit.
Regulations vary by land unit length (below or above 80 meters).
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Land unit less than or equal to 80 m
The land unit may comprise onlyonly one pre-sign.
By way of exception, it is possible to settle:
- Either 2 preshions aligned horizontally or vertically on a support wall
- Two pre-signs sealed on the ground if the land unit is longer than 40 meters.
Land unit exceeding 80 m
The land unit may comprise a additional pre-sign per 80 meters beyond the first tranche.
If it exists, the Local Advertising Policy (RLP) of the municipality may provide for more restrictive rules.
FYI
The density rule does not apply pre-signs affixed to fence, roof, tarpaulin or urban furniture (bus shelters, newsstands...).
The installation, replacement or modification of certain pre-signs exceeding 1 m in height or 1,50 m in width may be subject to a prior declaration to the mayor or prefect.
Pre-signs requiring prior declaration
The prior declaration relates to the installation, replacement or modification of next preships :
- Pre-signs on walls, fences or buildings
- Sealed pre-signs on the ground or settled directly on the ground
- Pre-signs supported by street furniture (bus shelters, newsstands...)
- Small-format pre-signs integrated in commercial fronts (micro-display)
Pre-signs shall be subject to declaration only where their dimensions exceed 1 m high or 1.50 m wide.
Warning
The installation of a luminous pre-sign (excluding presign illuminated by projection or transparency) shall be the subject of a prior authorization, and not a prior declaration.
Documents to be provided for the declaration
The declaration shall be made by means of the form 14799, by the company which plans to install the pre-sign for the purpose of its operation.
Prior declaration for the installation of a device supporting advertising or a pre-sign
The information to be provided varies depending on whether the preshift is installed on a private property or on the public domain.
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Private property
The declaration shall include the next items :
- Identity and address of the declarant
- Location and area of the land
- Nature of device or material (pre-sign)
- Indication of the distance of the proposed installation from the separation limits and bays of the buildings located on the neighboring grounds
- Indication of the number and nature of devices already settled in the field (advertisements, signs, preshipments)
- Terrain situational plane, a dimensioned ground plane and the graphical representation of the dimensioned device or material in three dimensions
Public domain
The declaration shall include the next items :
- Identity and address of the declarant
- Pre-sign location
- Nature of the device or equipment and its graphic representation dimensioned in 3 dimensions
- Indication of the distance of the proposed installation from the bays of the buildings situated on the neighboring land.
Please note
Declaration of the installation of a pre-sign in a airport be accompanied by the agreement of the airport manager and the documents establishing that it complies with the applicable safety rules.
Sending the declaration
The prior declaration shall be made out in 2 copies and addressed to the town hall the place where the pre-sign is to be displayed.
The declaration may be made by one of the following ways :
- By electronic channel with request for electronic acknowledgement of receipt, where the mayor is able to ensure a secure and confidential transmission
- By registered mail with request for postal receipt
- Filed in town hall against landfill
If the municipality where the pre-sign is to be settled is not covered by a Local Advertising Policy (RLP), the declaration must be sent to the prefecture rather than the town hall.
Warning
Affixing or having affixed a sign without prior notification shall be punished by €1,500 fine.
In some municipalities, the installation of a pre-sign may give rise to payment of the local tax on external advertising (TLPE). The rates are published by municipal decree and are generally available on the website of the City Hall.
The installation of a pre-sign may require obtaining a prior authorization issued by the mayor or prefect.
Please note
Pre-sign subject to the prior declaration procedure does not require prior authorization. The two procedures are separate and do not overlap.
Pre-Ensign Requiring Prior Approval
Prior authorization shall cover the installation of the following devices:
- Pre-signs luminous (other than projection or transparency-illuminated posters)
- Pre-signs of exceptional dimensions related to temporary events
- Pre-signs implanted on sports facilities more than 15 000 seats (only in the case of derogating dimensions).
Documents to be supplied for the application for authorization
The application for authorization shall be made by means of the cerfa form no. 14798, by the company which plans to install the pre-sign for the purpose of its operation.
Application for prior authorization to install a device supporting advertising, a sign or a pre-sign
The information to be provided varies depending on whether the preshift is installed on a private property or on the public domain.
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Private property
The application for authorization shall include next items :
- Identity and address of the declarant
- Location and area of the land
- Nature of device or material (pre-sign)
- Indication of the distance of the proposed installation from the separation limits and bays of the buildings located on the neighboring grounds
- Indication of the number and nature of devices already settled in the field (advertisements, signs, preshipments)
- Terrain situational plane, a dimensioned ground plane and the graphical representation of the dimensioned device or material in three dimensions
Public domain
The application for authorization shall include next items :
- Identity and address of the declarant
- Pre-sign location
- Nature of the device or equipment and its graphic representation dimensioned in 3 dimensions
- Indication of the distance of the proposed installation from the bays of the buildings situated on the neighboring land.
For some types of preshipment, it may be necessary to provide additional parts :
- For a luminous pre-sign : analysis of the life cycle of the device, its visibility from the nearest public road and indication of the mean and maximum luminance values shall also be provided.
- For a construction site cover : the location, nature and duration of the work, the location of the scaffolding, the area of the tarpaulin and its installation time, the sketches or photos of the tarpaulin and the intended location, and the names and addresses of persons (or companies) wishing to apply or have applied the tarpaulin should also be provided.
- For a advertising tarp : the area of the tarpaulin and its installation time, the sketches or photos of the tarpaulin and the intended location, and the names and addresses of persons (or companies) wishing to apply or have applied a tarpaulin should also be provided.
- For a pre-sign of exceptional size : the type of event announced, the location of the pre-sign, its surface area and installation time, the sketches or photos of the pre-sign and the intended location, and the names and addresses of persons (or companies) wishing to affix or have the device affixed, must also be provided.
Sending the application for authorization
The application for authorization shall be made in 3 copies and addressed to the town hall the place where the pre-sign is to be displayed.
The application for authorization may be made by one of the following ways :
- By electronic channel with request for electronic acknowledgement of receipt, where the mayor is able to ensure a secure and confidential transmission
- By registered mail with request for postal receipt
- Filed in town hall against landfill
If the municipality where the pre-sign is to be settled is not covered by a Local Advertising Policy (RLP), the application for authorization shall be forwarded to the prefecture rather than the town hall.
When it has received a complete application file, the City Hall/Prefecture has a two-month period to grant or refuse the installation of the pre-sign. She shall send her reply by registered mail. If no response has been received after this time, the installation is considered to be tuned.
Generally, the authorization is issued for a maximum duration of 8 years.
Warning
Affixing or having affixed a sign without prior authorization shall be punished by €7,500 fine.
In some municipalities, the installation of a pre-sign may give rise to payment of the local tax on external advertising (TLPE). The rates are published by municipal decree and are generally available on the website of the City Hall.
Owner's written permission
Before placing a pre-sign on a building, it is mandatory to obtain the written authorization of the owner of the building.
Once the pre-sign is settled, its owner can rent it to others by means of location lease. For example, a pre-sign settled near a train station can be rented to a restaurant owner who wants to indicate the proximity of his shop to travelers.
The contract must be concluded for a maximum period of 6 years, tacitly renewable for further periods of one year. The contract must be concluded in writing and include the reproduction of Article L581-25 of the Environmental Code.
Maintenance of the site and payment of rent
The lessee, the lessee, must respect the following 2 obligations :
- Maintain the leased space in good repair : failure to perform this obligation after formal notice has been ineffective for 1 month, the lessor may obtain from the judge, at his choice, either the execution of the necessary works, or the termination of the contract and the restoration of the premises in good condition at the expense of the lessee.
- Paying rent : in the absence of payment of the rent, the lessor may terminate the contract automatically after notice to pay has remained ineffective for 1 month.
Please note
All dispute relating to a contract for the rental of advertising space is carried before the court of law in whose spring the pre-sign is located. Any clause to the contrary in the contract shall be void.
Annual declaration by the tenant
The tenant who makes payments in excess of €76 per year for the same beneficiary (under a location lease) must carry out a special declaration by means of form no. 2061.
Advertising Location Lease Payment Reporting
He must declare the following information to the tax authorities:
- Name or business name, occupation and address of tenant
- Surname and forenames or business name and address of the person receiving the payment (the owner of the site)
- The total amount of money that was paid to this recipient in the previous calendar year as a result of the advertising space rental agreements.
The tenant must make this declaration, before 1er March of the following year payment, to the tax department of his domicile or principal place of business.
Who shall I contact
Derogatory pre-sign
One pre-sign is an inscription, shape or image allowing to to indicate the proximity of an establishment where a particular activity is pursued.
The pre-sign is called derogatory when implanted on the ground outside the built-up area and that it allows to report any of the following :
- Manufacture or sale of local products by local companies. This applies to companies which devote their main activity to the manufacture or sale of traditional products linked to local know-how and cultural identity, produced in a defined and identified geographical area having a bearing on the origin of the product. Local products are not limited to food products (e.g. porcelain, ceramics, glassware, basketry, etc.).
- Cultural activities (museums, cinemas, live shows, art exhibitions). This does not include sales areas for cultural products such as bookshops, record stores, or art galleries.
- Historical monuments, listed or listed, open to the visit
- Exceptional cultural or tourist operation and eventon a temporary basis.
Moreover, the pre-sign derogating must respect a certain format, i.e 1 m high and 1.50 m wide maximum.
Please note
The derogating pre-signs are not not subject to the same rules than the “classic” preshions. Thus, the installation of a derogatory pre-sign does not require no prior authorization or declaration by the mayor or the prefect.
To be qualified as a pre-ensign derogatory, the pre-sign must complete the following conditions :
- Respect a certain format, i.e 1 m high and 1.50 m wide maximum
- Be implanted on the ground outside of agglomerations not be located more than 5 km the entrance to the agglomeration or the place where the activity it indicates is carried out. This distance shall be increased to 10 km when it indicates a listed or registered historic monument open to visit.
When settled in built up areas, pre-sign loses its derogating status even if it meets the 1 m x 1.50m format. Consequently, it is subject to the rules of the "classic" pre-brand (forbidden locations, declaration or prior authorization of the town hall, etc.).
FYI
Like any other form of advertising and pre-sign, the derogatory pre-sign must be settled with the written authorization of the owner.
Pre-signs are subject to a rule of density, i.e. a maximum number of pre-signs for signaling the same establishment.
The maximum number of derogating pre-signs depends on the establishment reported:
- Manufacture or sale of local products by local companies: 2 pre-signs local company
- Cultural activities: 2 pre-signs by cultural establishment
- Historical monuments, listed or listed, open to the visit: 4 pre-signs per monument. It should be noted that 2 of these pre-signs can be settled within 100 meters of this monument or in its protection zone.
Temporary pre-sign
One pre-sign is an inscription, shape or image allowing to to indicate the proximity of an establishment where a particular activity is pursued.
The pre-sign is called temporary when it is used to report one of the following :
- Exceptional events of a cultural or tourist nature of less than 3 months
- Exceptional operations of less than 3 months (local festivals, trade fairs, fairs, sporting events, etc.)
- Public works or real estate operations for subdivision, construction, rehabilitation, if the pre-sign is settled for more than 3 months
- Rental or sale of goodwill, if the pre-brand is settled for more than 3 months.
The temporary pre-sign may be settled until 3 weeks before the start of the demonstration or the operation it reports. Then it has to be removed 1 week after completion at the latest of the event or operation.
A pre-sign cannot be settled in any place. The regulations vary depending on whether the installation of the pre-sign is envisaged in built-up area or outside of this one.
In built-up areas
Inside built-up areas, the installation of a pre-sign is authorized.
By exception, the installation of a pre-sign is forbidden at the following locations:
- On the trees
- On plantations, transport and electrical distribution poles, telecommunication poles, public lighting installations
- On public facilities relating to road, rail, inland waterway, sea or air traffic
- On the fences that are not blind
- On cemetery and public garden walls
- On the walls of buildings except when these walls are blind or have at least one opening with a unit area of less than 0,50 m²
- Immovable property classified or registered under historical monuments
- On natural monuments and in theclassified or registered sites
- Within 100 meters and in the field of visibility of buildings with an aesthetic, historic or picturesque character
- In the perimeter of remarkable heritage sites
- In national parks, regional natural parks and nature reserves
- In the special areas of conservation and special protection areas.
When it non-luminous and settled to the ground, the pre-sign is also forbidden in the following locations:
- In agglomerations of less than 10 000 inhabitants not forming part of a urban unit more than 100,000 inhabitants. However, this prohibition shall not apply to temporary pre-signs if their dimensions do not exceed 1 m high and 1.50 m wide and their number is limited to 4 by operation or demonstration.
- In wooded areas (woods, forests, parks) classified by a local city planning plan
- In the areas to be protected because of the quality of the sites, natural environments, landscapes and their aesthetic or ecological interest.
In addition, a luminous pre-sign shall be prohibited in agglomerations of less than 10,000 inhabitants not being part of a urban unit more than 100,000 inhabitants. It is also prohibited, regardless of the number of inhabitants, when affixed to a vehicle used as an advertising medium.
Outside built-up areas
Outside built-up areas, the installation of a pre-sign is, in principle, forbidden.
By exception, the installation of a pre-sign is authorized within the following places:
- Airports
- Stations rail and road
- Sports facilities with a seating capacity of at least 15 000
- Close to the shopping mall establishments exclusive of any dwelling, if a Local Advertising Policy (RLP) allows it to do so.
Temporary pre-signs may also be installed on the ground outside built-up areas provided that their dimensions do not exceed 1 m high and 1.50 m wide and their number is limited to 4 by operation or demonstration.
FYI
Like any other form of advertising and pre-sign, the temporary pre-sign must be settled with the written authorization of the owner.
The installation, replacement or modification of certain temporary pre-stamps exceeding 1 m in height or 1,50 m in width may be subject to a prior declaration to the mayor or prefect.
Pre-signs requiring prior declaration
The prior declaration relates to the installation, replacement or modification of next preships :
- Pre-signs on walls, fences or buildings
- Sealed pre-signs on the ground or settled directly on the ground
- Pre-signs supported by street furniture (bus shelters, newsstands...)
- Small-format pre-signs integrated in commercial fronts (micro-display)
Pre-signs shall be subject to declaration only where their dimensions exceed 1 m high or 1.50 m wide.
Documents to be provided for the declaration
The declaration shall be made by means of the cerfa form no. 14799, by the company which plans to install the pre-sign for the purpose of its operation.
Prior declaration for the installation of a device supporting advertising or a pre-sign
The information to be provided varies depending on whether the preshift is installed on a private property or on the public domain.
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Private property
The declaration shall include the next items :
- Identity and address of the declarant
- Location and area of the land
- Nature of the device or equipment (temporary pre-sign)
- Indication of the distance of the proposed installation from the separation limits and bays of the buildings located on the neighboring grounds
- Indication of the number and nature of devices already settled in the field (advertisements, signs, preshipments)
- Terrain situational plane, a dimensioned ground plane and the graphical representation of the dimensioned device or material in three dimensions
Public domain
The declaration shall include the next items :
- Identity and address of the declarant
- Temporary preshift location
- Nature of the device (temporary pre-sign) and its graphic representation dimensioned in 3 dimensions
- Indication of the distance of the proposed installation from the bays of the buildings situated on the neighboring land.
Please note
Declaration of the installation of a pre-sign in a airport be accompanied by the agreement of the airport manager and the documents establishing that it complies with the applicable safety rules.
Sending the declaration
The prior declaration shall be made out in 2 copies and addressed to the town hall the place where the pre-sign is to be displayed.
The prior declaration may be made by one of the following ways :
- By electronic channel with request for electronic acknowledgement of receipt, where the mayor is able to ensure a secure and confidential transmission
- By registered mail with request for postal receipt
- Filed in town hall against landfill
If the municipality where the pre-sign is to be settled is not covered by a Local Advertising Policy (RLP), the declaration must be sent to the prefecture rather than the town hall.
Warning
Affixing or having affixed a sign without prior notification shall be punished by €1,500 fine.
In some municipalities, the installation of a temporary pre-sign may give rise to payment of the local tax on external advertising (TLPE). The rates are published by municipal decree and are generally available on the website of the City Hall.
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Pre-signs (legislative part)
Pre-signs (regulatory part)
Derogatory pre-signs
Temporary pre-signs
Reporting of payments under an advertising space rental agreement
Pre-signs on the public road