Obligation to make LES accessible to persons with disabilities
Verified 01 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)
One ERP: titleContent must be accessible to persons with disabilities. They have to follow accessibility rules.
The rules accessibility are imposed on a ERP: titleContent new and an existing or created ERP within an existing built framework.
They apply strictly to LES located in new buildings, which must incorporate accessibility standards as soon as they are built. The rules are more flexible for existing ERPs, as the difficulty of modifying a more or less old frame is taken into account.
The following shall be accessible:
- Outside Paths
- Parking of vehicles
- Conditions of access and reception in 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 likely to be settled there (e.g. lighting and user information devices)
Equivalent accessibility solution
You must build an ERP in accordance with the accessibility standards set out in the regulations.
You can also ask the prefect for permission to do otherwise to achieve the same level of accessibility. With a new technical, technological or architectural proposal, you propose a equivalent accessibility solution.
You send your request in 3 copies or electronically to your prefecture, with the elements that make it possible to verify that your solution will correspond to the accessibility objectives.
The prefect must have you notify its reasoned decision within 3 months of receipt. In the absence of a response, your request is considered granted.
FYI
a deviation from the accessibility rules is prohibited in a new ERP.
Equivalent accessibility solution
To achieve the level of accessibility required by regulation in an existing ERP or one created within an existing built framework, you can ask the prefect for permission to do otherwise.
With a new technical, technological or architectural proposal, you propose a equivalent accessibility solution.
You send your request in 3 copies or electronically to your prefecture, with the elements that make it possible to verify that your solution will correspond to the accessibility objectives.
The prefect must have you notify its reasoned decision within 3 months of receipt. In the absence of a response, your request is considered granted.
This is not a derogation, the objective of accessibility of your institution is achieved.
Derogation
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
The following form shall be used:
Specific file to verify ERP compliance with accessibility and fire and panic safety rules
Project subject to prior declaration of works or without application for city planning authorization
The following form shall be used:
Application for permission to construct, develop or modify a facility receiving the public (ERP)
Alternative measure
If access to all services is impossible in a ERP: titleContent existing of 5th categoryHowever, disabled people can access all services in only part of the building. In this case, inaccessible benefits shall be made accessible by means of alternative measures.
Example :
A store on several levels, without a lift, can replace access to the floors with a catalog of the products found there. A seller then brings the products chosen by the user.
An ERP in charge of public service mission shall provide for one or more alternative measures together with its request for derogation.
Example :
A town hall may offer a regular permanent office located in an accessible premises of its civil registry service located upstairs.
It is no longer possible to schedule work within the framework of a scheduled accessibility agenda (Ad'AP). All ERPs must be accessible or in the process of completing the work set out in their approved schedule. At the end of the works, a certificate of completion of the works and the accessibility actions must be sent to the prefect.
Certification of Completion of Work for an ERP under an Ad'AP
The certificate must be completed by an approved titular technical controller or architect. For a Category 5 ERP, it may be established by the owner or operator. It shall be accompanied by all documents justifying the implementation of the work and actions provided for in the agenda.
Non-accessible LES must be requested byAuthorization of works or full compliance building permit. Otherwise, administrative and criminal sanctions are applicable.
FYI
It is possible to make a self-diagnosis to determine if the ERP is compliant with the standards.
Any manager of a ERP: titleContent accessible, must declare accessibility from its establishment to the following:
- Prefect of department
- Accessibility Commission of the municipality where the establishment is located
They can do it directly online. He shall attach a certificate of his establishment's compliance to the following form:
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Category 1-4 ERP
For Category 1-4 ERP, the certification must be carried out by an approved professional (inspection office or architect).
Certificate of accessibility of an establishment receiving category 1 to 4 visitors
If the establishment has been subject to building permit, the accessibility certificate shall be attached to the declaration of completion and conformity of works (DAACT) transmitted in town hall. It shall be drawn up by a technical auditor (or independent architect),
Category 5 ERP
The manager of a Category 5 ERP completes and transmits the accessibility certificate itself.
Certificate of accessibility of an establishment receiving category 5 visitors
He or she may also declare the accessibility of his or her establishment in honor using the following model:
Model Accessibility Attestation for a Category 5 LES
If the establishment has been subject to building permit, the accessibility certificate shall be attached to the declaration of completion and conformity of works (DAACT) transmitted in town hall. It is established by a technical controller (or independent architect).
The register accessibility inform the public of the measures taken in theERP: titleContent to enable everyone, regardless of disability, to benefit. The operator shall establish it with the following elements:
- Full information on the services provided by the establishment
- Administrative documents (accessibility certificates, accessibility schedule in case of a scheduled accessibility agenda...)
- Technical parts (maintenance procedures for lifts, lifts and automatic removable ramps...)
- Description of training measures for staff responsible for accommodating disabled people
For public transport service stopping points (e.g. a station) subject to the ERP regime, the public accessibility register may cover an entire line or network.
It can be consulted at the main reception point of the establishment, possibly in dematerialized form. It can also be found on the property's website.
Who can help me?
Find who can answer your questions in your region
Definition of an ERP (Article R143-2 of the Construction and Housing Code)
Accessible elements of the building (Article R162-10 of the Building and Housing Code)
General rules concerning disabled persons or persons with reduced mobility
Provisions applicable to ERPs located within an existing built environment and to existing facilities open to the public
Accessibility certificate to be attached to the declaration of completion of works
Accessibility Register
Scheduled Accessibility Schedule (Ad'AP)
Criminal sanctions
Document template
Ministry of the Environment
Ministry of the Environment
Ministry of Disability
Ministry of the Environment
Ministry of city planning
Ministry of the Environment