A person in a situation of handicap must be able to access the following ERP elements:

• Outside Paths
• Parking of vehicles
• Access and reception in the buildings
• Horizontal and vertical movements within buildings
• Indoor spaces and public toilets
• Doors, interior locks and exits
• Floor coverings and walls
• Indoor and outdoor equipment and furniture which may be settled there (e.g. lighting and user information devices).

Accessibility rules apply differently if the ERP is existing, new, or created in an existing building.

When building an ERP, you must use the technical means provided by the regulations to make it accessible.

You can also ask the prefect for permission to use another means to achieve the level of accessibility required depending on the category and type of activity of your institution. To do this, you need to offer them a new technical, technological or architectural solution: this is called a solution having equivalent effect.

The request must be sent to your prefecture. It must include supporting documents to explain and assess the effectiveness of the means you propose to achieve the intended use (photos, plans, brochure, material explanatory note).

The prefect will notify its reasoned decision within 3 months of receipt, after having obtained the opinion of the departmental accessibility sub-commission. In the absence of a response, your request is considered granted.

The folder ofauthorization of work in an ERP varies according to the work to be carried out:

You can ask the prefect for permission to use another means to achieve the level of accessibility required depending on the category and type of activity of your ERP. To this end, you propose a new technical, technological or architectural solution: this is called a solution having equivalent effect.

If your ERP is located in an existing building, the difficulty of modifying the construction is taken into account and relaxed rules allow you to ask the prefect not to reach the expected level of accessibility. You must submit a request for derogation.

The folder ofauthorization of work in an ERP varies according to the work to be carried out:

You can get help to make your ERP accessible.

Support for all LES

For more information, you can contact the organisms presented on the website of the ministry of ecology.

In addition,

Category 5 LES Accessibility Fund Grant

If your ERP is 5^e category, you can also benefit from a grant from the territorial accessibility fund, under certain conditions. The nature of your business operation (its type in the fire safety classification), its capacity to accommodate the public (its category) and its particular characteristics must correspond to the following criteria:

ERP Type

• Subinventory (Type M)
• Restaurant or beverage outlet (type N)
• Hotel or boarding house (type O)
• Banking institution (type W)
• Care facility (type U).

ERP Category

5^e category: the capacity of people in the LES is below the threshold per ERP type set out in the following table:

Specific characteristics

Your company (micro, small or medium) must meet the following conditions:

• Employ fewer than 250 employees

• Have an annual turnover up to €50 million excluding taxes or a balance sheet total up to €43 million

• Created before September 20, 2023
• Be entered in the National company Register (NCR)
• Be up to date with the tax administration and the body responsible for collecting employers' social security contributions
• Not be in bankruptcy proceedings.

In the case of an association, it must be entered in the national register of associations (or in the register of associations if its seat is located in the departments of Bas-Rhin, Haut-Rhin or Moselle).

Eligible expenditure

You can apply for assistance to fund one or more of the following:

• Settle equipment to make your ERP accessible
• Diagnose the actions to be performed
• Perform accessibility work
• Get assistance in carrying out your work.

Amount of aid

The aid rate may be as high as:

• 50% expenditure on equipment and accessibility works (for a maximum amount of €20,000)
• 50% expenditure on diagnosing accessibility conditions and on construction assistance (for a maximum amount of €500).

Owners or managers may submit several applications for aid for works, equipment and engineering. The maximum amount of support is €20,500.

Apply

You must submit your request for help on the online service platform of the Agency of service and payment:

You must attach the following supporting documents: 

• Copy of the valid national identity card, passport or residence permit
• Bank identity statement of the legal person making the request
• Proof of the signatory of the application attesting to his capacity to represent the company
• Copy of the application for permission to construct, develop or modify a facility receiving public access if necessary (with the registration number of the application communicated by the city council and the attachments relating to accessibility)
• Honor commitment to fiscal and social regularity
• Honourary undertaking that the company was created before 20 September 2023, that it was entered in the national register of companies and that there was no judicial winding-up procedure at the time of filing the application
• Declaration on honor regarding compliance with the aid ceiling (less than €200,000 grants received over a period of 3 fiscal years)
• Description of the ERP, its size (number of persons), its annual turnover excluding tax, its geographical location (region, department, municipality) and its sector of activity (NAF code; type: M, N, O, W, U)
• Precise description of the equipment and works envisaged (nature, characteristics, etc.) and estimated estimates (excluding tax): unsigned estimates.

Payment of the aid

If the project is validated, you receive an advance of 30% help when you justify the start of the project.

The supporting documents (signed quotation with date of signature, first receipts, first purchase orders...) must be of a date after the acknowledgement of receipt of the aid application.

The balance is paid at the end of the work, following the sending of the following documents:

• Invoices Paid
• Approved work authorization (if required)
• URL link that leads to the registration and updating of your ERP accessibility data on the public site Acceslibre.

You must report accessibility from your institution to the following services:

• Prefect of department
• Commission for the accessibility of the municipality where the establishment is located.

This declaration is made online.

The establishment's attestation of compliance is established differently depending on the LES category and the presence of a scheduled accessibility agenda (Ad’AP):

You must make a register available to the public accessibility.

It shall inform the Commission of the arrangements made in your ERP: titleContent to enable all persons with disabilities to benefit from your services.

The register shall contain the following information:

• Full information on the services provided by the establishment
• Administrative documents (accessibility certificates, derogations obtained, timetable for making accessible in case of a planned accessibility agenda...)
• Technical parts (maintenance procedures for lifts, lifts and automatic removable ramps...).

For LES categories 1 to 4, a statement signed and updated annually by the employer is added. It describes the training measures for staff responsible for accommodating disabled people.

The register shall be made available at the main accessible reception point of the institution, possibly in dematerialized form. It can also be found on the property's website.

An “accessible” collaborative website aims to identify the accessibility of all places receiving from the public and to share this information as widely as possible. All information on accessibility conditions is free of charge. 

You can enrich this site with the accessibility conditions of your ERP. Any person may add or consult information to determine the accessibility conditions of a particular establishment.

Accessible collaborative platform

Non-accessible LES must be subject to a work authorization application and complete a full compliance of the establishment. In case of non-compliance with accessibility rules, administrative and criminal sanctions may be applied:

• Administrative authority to close ERP
• Fine of €45,000 (up to €225,000 for a legal person)
• Reimbursement of a grant awarded by a local authority.