Institution receiving from the public (ERP): procedures for authorizing works

Verified 22 June 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The creation, development or modification of an establishment receiving from the public (ERP) is subject to authorization.

Permits may only be issued if the proposed work complies with the accessibility and fire safety regulations.

We present the different procedures to follow depending on the nature of the project.

The building permit acts as an authority to establish an ERP. The safety rules andaccessibility must be respected.

FYI  

you can apply for a building permit when the interior layout of the establishment is not yet defined. The permit order then states that you must obtain a work authorization for this development before it is opened to the public.

For what work?

The following works on existing construction the following shall be subject to a building permit:

  • Expansion including the floor area or the right of way on the ground is greater than 20 m2
  • Expansion with a floor area or footprint greater than 40 m2 in an urban area of a municipality covered by a MORE: titleContent
  • Expansion with a floor area or footprint greater than 20 m2 and which brings the floor area of the assembly (existing + extension) to more than 150 m2
  • Modification of the supporting structures or facade of the building, where this work is accompanied by change of destination
  • Work on a building listed as a historical monument or located in a sector backed up
  • Full compliance work with accessibility rules

The construction of new building more than 20 m2 floor area or footprint is also subject to building permits.

How to apply for a building permit?

Your application for a building permit is made on the following form:

Application for a building permit (other than for a detached house or its annexes)

The application for a permit shall be accompanied by the specific file enabling verify compliance of ERP: titleContent accessibility and safety rules against fire and panic. It is reviewed by the security and accessibility commissions that provide advice to the mayor.

Specific file to verify ERP compliance with accessibility and fire and panic safety rules

You must submit your request to the town hall in 4 copies.

You can submit your application by paperless means according to the provisions defined by your municipality.

Your file can also be submitted or sent by mail RAR: titleContent.

General case
Who shall I contact
In Paris

For inquiries concerning LES in Paris, we invite you to consult the police prefecture website, taking into account the specificities of the Paris organization.

Where and how to apply for a permit?

You can submit your complete application by dematerialized means according to the provisions defined by your municipality. Inquire on the official website of your city hall or on the spot.

Your file may also be deposited or sent in 4 copies by postRAR: titleContent to the town hall.

Additional copies of the complete file are sometimes necessary if your work is located in a protected area (historic monument, site, nature reserve, national park, etc.)

General case
Who shall I contact
In Paris

For inquiries concerning LES in Paris, we invite you to consult the police prefecture website, taking into account the specificities of the Paris organization.

What is the time for investigation?

In principle, the time limit for examining a building permit for a ERP: titleContent is 5 months from the filing of the file in town hall or the receipt of the missing documents.

Failure to take a decision shall constitute acceptance of the work.

Mayor's response

The silence of the administration is worth the decision of non-opposition to your project. The absence of opposition at the end of the investigation period allows you to carry out the work. On simple request from you, the city hall issues you a certificate of non-opposition.

If the decision is unfavorableHey, the town hall notify its decision by letter RAR: titleContent or by electronic means if you have accepted it by completing the permit application form.

How do I declare the completion of the work?

At the end of the work, you must send a Declaration of Completion and Conformity of Work (Dact) to the town hall.

It is supplemented by a certificate of acceptance of accessibility rules established by a supervising office or an architect other than the one following the project.

The preliminary declaration of works is a city planning authorization.

It must be accompanied by a application for authorization, construction, alteration or alteration ERP: titleContent which allows compliance with accessibility and safety rules against fire and panic to be verified.

For what work?

The preliminary declaration of works is compulsory in particular for the following work on existing building :

  • Change the appearance of the outside
  • Work carried out outside and inside buildings in areas protected by a backup and enhancement plan (PSMV)
  • Work carried out inside buildings in protected areas where the conservation and development plan (SMP) is not approved or revised
  • Expansion including the floor area or the right of way on the ground is less than or equal to 20 m²
  • Expansion with a floor area or footprint of 40 m² or less in an urban area of a municipality covered by a MORE: titleContent (unless the floor area of the assembly (existing + extension) exceeds 150 m2)
  • Change of destination without facade modification

The construction of new building between 5 m² and 20 m² maximum floor area or footprint is also subject to prior declaration of work.

What are the authorization forms?

The Advance Work Declaration (AD) is not an authorization to develop a ERP: titleContent. For work submitted to RFP you must file 2 different forms.

You complete the prior declaration of works which will be instructed by the city planning department of your municipality.

Prior notification (construction, works, installations and facilities not subject to a building permit)

You complete the application for permission to construct, develop or modify an ERP. It is reviewed by the safety and accessibility committees. These two commissions give an opinion to the mayor.

Application for permission to construct, develop or modify a facility receiving the public (ERP)

Where and how to file your file?

You must submit your request to the town hall in 4 copies. You can submit your application by paperless means according to the provisions defined by your municipality.

Your file can also be submitted or sent by mail RAR: titleContent.

Additional copies of the complete file are sometimes necessary if your work is located in a protected area (historic monument, site, nature reserve, national park...)

General case
Who shall I contact
In Paris

For inquiries concerning LES in Paris, we invite you to consult the police prefecture website, taking into account the specificities of the Paris organization.

What is the time for investigation?

In principle, the time limit for examining the application is 4 months from the filing of the file in town hall or the receipt of the missing documents.

Mayor's response

The silence of the administration is worth the decision of non-opposition to your project. The absence of opposition at the end of the investigation period allows you to carry out the work. On simple request from you, the city hall issues you a certificate of non-opposition.

If the decision is unfavorableHey, the town hall notify its decision by letter RAR: titleContent or by electronic means if you have accepted it by completing the permit application form.

How do I declare the completion of the work?

The holder of an Advance Work Declaration shall send a Declaration of Completion and Conformity of Work (Dact) to the town hall to report the completion of the work.

FYI  

the operator must request a authorization to open the ERP to the public issued by the Mayor or the Police Commissioner in Paris. ERPs of 5e category without accommodation are not concerned. However, the mayor may arrange for monitoring visits to verify that safety regulations are being followed.

LThe interior design of a ERP: titleContent is the subject of an application for authorization which makes it possible to verify that the rules of accessibility and safety against fire and panic are complied with.

FYI  

the operator must request a authorization to open the ERP to the public issued by the Mayor or the Police Commissioner in Paris. ERPs of 5e category without accommodation are not concerned.

For what work?

Authorization to construct, develop or modify a receiving institution (ERP) must be requested for the following work:

  • Internal modification of a surface open to the public
  • Change of trade (grocery store replaced by a butcher, florist by another florist...) without change of destination rooms and without modification of the external appearance
  • Interior renovation (displacement of internal partitions, creation or replacement of false ceilings, change of lining, installation of a ramp, ...)
  • Work on technical installations (electricity, smoke-free, alarm, ...)
  • Internal fit-up work without changing the purpose of the premises carried out during the installation of new shops to replace shops in a shopping arcade
  • Internal fit-up work without changing the purpose of the premises carried out when a new business is located in an existing building

Where and how to file your authorization?

Before commencing construction or fitting-out of a ERP: titleContent, the owner (or his representative) must seek authorization from the mayor.

Application for permission to construct, develop or modify a facility receiving the public (ERP)

The application is reviewed by the safety and accessibility boards, which provide advice to the mayor.

You must submit your application in 4 copies at the mayor's office by dematerialized means in accordance with the provisions laid down by the municipality competent to receive it.

Your file may also be filed or sent by post RAR: titleContent.

General case
Who shall I contact
In Paris

For inquiries concerning LES in Paris, we invite you to consult the police prefecture website, taking into account the specificities of the Paris organization.

What is the time for investigation?

The time limit for processing the request is 4 months from the filing of the file in town hall or the receipt of the missing documents.

Mayor's response

L'authorization for works shall be deemed to have been granted if you do not receive a response by the end of the 4-month investigation period.

If the decision is unfavorableHey, the town hall notify its decision by letter RAR: titleContent or by electronic means if you have accepted it by completing the permit application form.

The manager of a ERP: titleContent existing or created in an existing building may ask not to apply the rules accessibility in some cases:

  • Technical impossibility (characteristics of the land, presence of other constructions, ...)
  • Constraints related to heritage conservation
  • Cost of the work disproportionate to the improvements made by accessibility

For an ERP located in a common residential complex, an exemption may be requested if the co-owners refuse to authorize accessibility work in the common areas.

The request for derogation is sent to the City Hall. It shall indicate the element concerned, its reason and justification. It shall be authorized after obtaining the opinion of the Departmental Advisory Committee on Safety and Accessibility.

Who shall I contact

Where an ERP carries out a public service mission, the request for a derogation must include one or more alternative measures to improve access to the service for all citizens. This may involve, for example, making a service available in an accessible location, or human assistance for a specific action.

How do I apply for a waiver?

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Project subject to application for a building or development permit

Project subject to prior declaration of works or without application for city planning authorization

Please note

a new ERP incorporates accessibility standards as soon as it is built and cannot request a waiver.

Compliance with safety standards is checked during the various applications for authorization: building permits, development work, authorization to open of the establishment.

If theERP: titleContent does not comply with safety rules, their owner, builder or operator shall be liable to the following penalties:

  • Temporary or permanent administrative closure ordered by the mayor or prefect (after opinion of the departmental advisory commission on security and accessibility)
  • Criminal sanctions (fine up to €45,000 and imprisonment)

How do I declare ERP accessibility?

After completing the work, you must send the prefecture a certificate of compliance with the accessibility rules.

For a Category 1-4 ERP you must provide a document establishing the establishment's compliance, produced by an authorized professional (inspection office or architect).

You must use the following form:

Certificate of accessibility of an establishment receiving category 1 to 4 visitors

For Category 5 ERP, you can draw up the certificate of conformity yourself using the following form:

Certificate of accessibility of an establishment receiving category 5 visitors

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