Scheduled Accessibility Schedule (Ad'AP)

Verified 04 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The possibility of asking the Prefect to approve a Scheduled Accessibility Agenda (Ad'AP) to facilitate the upgrading of an ERP to accessibility standards is closed since 1er april 2019. However, an approved AoA, whose work is being carried out over a period of 3 to 9 years, may be modified to include other LES and/or extend its duration. At the completion of the works, a balance sheet and a certificate are to be sent to the prefect. We present the follow-up procedures and possible financial assistance to carry out the planned work.

Warning  

The following information relates to approved and ongoing agendas.

Depending on the programmed duration of the work, the following agendas are still in progress:

  • Schedules for a period of 6 years (2 periods of up to 3 years each) in the following cases:
    • ERPERP : Institution receiving from the public categories 1 to 4
    • Assets consisting of several LES, at least one of which belongs to categories 1 to 4
    • Specific technical or financial constraints related to the evaluation or programming of the work (impact of the execution of the work on its budgetary and financial situation of the establishment).
  • Schedules for a total duration of up to 9 years (3 periods of 3 years) in the case of particularly complex assets:
    • Number of municipalities of establishment greater than or equal to 30 municipalities
    • Number of buildings concerned of 50 or more
    • Number of municipalities with a location of 25 or more and number of buildings concerned of 40 or more
    • ERP or set of ERPs for which the implementation of the accessibility works causes a difficult financial situation at 6 years.

The notification of the written and reasoned decision of the prefect shall be considered as the beginning of the period granted.

You can request an extension of the agenda duration in one of the following cases:

  • Force majeure (the additional period is up to 3 years, but renewable)
  • Financial hardship (the additional period is up to 1 year and is non-renewable)
  • Technical difficulty (the additional duration is a maximum of 1 year and is non-renewable).

You must request the extension by mail RARRAR : Recommended with notification of receipt the prefect who approved the initial agenda, at least 3 months before the end of the initial period.

You must provide all relevant information to assess force majeure, financial difficulty (for example, a document drawn up by the commercial court indicating a safeguard procedure, judicial redress, judicial liquidation, statement of accounts, capacity for self-financing, debt ratio) and technical difficulty (for example, unsuccessful tenders, delivery times for materials, unforeseen constraints discovered during pre-works studies or during works).

In the month of reception, the prefect can request missing documents by RAR mail.

You have a maximum of 1 month to provide them and complete the file.

From this transmission, if the prefect does not reply to you within 3 months, your request for extension is rejected.

Example :

The COVID-19 pandemic is considered a force majeure.

If it has disrupted your work, you may be given additional time.

If the reason is legitimate, it is important to justify the additional time needed. In particular, you should:

  • Demonstrate that before the pandemic, compliance work was being done on schedule
  • Show and explain the duration of the disorganization and delays and thus justify the additional time requested.

While you are completing your Ad'AP work, you can submit a change request for:

  • Integrate new ERPERP : Institution receiving from the public in an existing Ad'AP (e.g. in case of acquisition of non-compliant ERP)
  • Change the schedule duration (unless it is already at the maximum).

You must send the application form for amendment of the Ad'AP to the Prefect who approved it:

Change Request for an Approved Ad'AP

The prefect has 4 months to accept or reject your request.

You can get help to make your ERP accessible.

Support for all LES

You will find the organizations to contact for information On the page Accessibility of establishments receiving public from the Ministry of Ecology website by selecting the section "What financial assistance can I get to make an LES accessible?" under the "Frequently Asked Questions" section.

Category 5 LES Accessibility Fund Grant

Also, if your ERP is 5e category, you can receive a grant from the territorial accessibility fund, under certain conditions.

To obtain this grant, the nature of the operation of your establishment (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 outlet (type N)
  • Hotel or boarding house (type O)
  • Banking institution (type W)
  • Care facility (type U)

Please note

A hotel of 5e category of other types (J, L, P, T, etc.) may be eligible for the scheme by written decision of the sub-prefect referent disability and inclusion of the ERP implementation department

ERP Category

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

Tableau - Limit on the number of persons accommodated in the LES according to their type

Nature of the holding

Type

Limit on the number of people to be 5e category

In the basement

In stages

All levels

Retail stores

M

100 people

100 people

200 people

Restaurants or drinking outlets

N

100 people

200 people

200 people

Hotels or family pensions

O

/

/

100 people

Health care facility

U

  • Without accommodation:
    100 people
  • With accommodation:
    20 people

Administrations, banks, offices

W

100 people

100 people

200 people

Specific characteristics

Your company (micro, small or medium) must meet all of 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 register of companies
  • 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 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 for the diagnosis of accessibility conditions and 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 the request for help on the online service platform of the Service and Payment Agency (ASP):

You must attach the following 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 authority to construct, develop or modify an ERP 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 of honor on compliance with the de minimis 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 and 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.

Supporting documents (signed quotation with date of signature, 1er receipt, 1er order form...) 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's accessibility data on the public site Acceslibre:

Accessible collaborative platform

At the end of the work scheduled by an agenda lasting 6 or 9 years, the end of Ad'Ap and the certificate of completion of the work are to be transmitted to the prefect.

This end-of-year review of Ad'AP is completely dematerialized. You do not have to print it to send it to the prefectural department in charge of the follow-up of your Ad'AP. You must attach a certificate of completion of the work carried out since the mid-term review.

Ad'AP Ending Review

A certificate of completion of the work of each LES shall be provided at the time of the review:

Certification of Completion of Work for an ERP under an Ad'AP

You can inform the public about the accessibility conditions of your establishment from the public website “acceslibre”.

Acceslibre collects accessibility information from places open to the public. It can be consulted by all to find out about the possibilities of access to a place (for example, to organize a trip or a visit).

Accessible collaborative platform

No Ad'AP Deposit

The unjustified failure of the manager of a single ERP to submit a draft agenda when the agenda would have lasted for a maximum of three years shall be punished by a flat-rate penalty of €1,500. The penalty is €5,000 in other cases.

Failure to transmit AD'AP follow-up documents

Failure to transmit follow-up documents, which is not justified, or the transmission of incorrect documents shall also be punished:

A package of €1,500 shall apply to the agenda of an establishment whose number of members of the public is less than threshold referred to in the safety regulations. It's €2,500 in other cases.

Absence or delay in carrying out the work provided for in the Ad'AP

At the end of the schedule of works, when the commitments of works included in the scheduled accessibility agenda have not been met, the prefect may initiate a procedure of finding a deficiency.

One notification by post RARRAR : Recommended with notification of receipt specify the facts alleged and the penalties, if any. So you have a three-month period to forward your comments to him. The Accessibility Commission is consulted on the amount of the monetary penalty. After having heard you, it shall deliver a reasoned opinion.

Depending on your situation, the Waiver Order may provide for various measures:

  • Repeal of the decision approving the Ad'AP and report to the public prosecutor
  • Accounting provision equal to the amount of unrealized work in the past period
  • New work schedule of an additional 12 months if your Ad'AP has not already received an extension
  • Financial penalty.

The financial penalty is set following consultation with the Accessibility Commission, which issues a reasoned opinion after hearing you. The penalty is capped according to the LES Manager:

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Legal person governed by private law or public establishment

The financial penalty shall be between 5% and 20% of the amount of work remaining to be carried out but not exceeding 5% self-financing capacity.

The penalty may not exceed €45,000 (for a natural person) and €225,000 (for a legal person) multiplied by the number of institutions receiving from the public not made accessible, falling within the scope of the scheduled accessibility agenda.

In the case of a repeat offense, a prison sentence of 6 months may be imposed.

Natural person

The financial penalty shall be between 5% and 20% of the amount of work remaining to be carried out but not exceeding 5% the reference tax income for the penultimate year.

The penalty may not exceed €45,000 (for a natural person) and €225,000 (for a legal person) multiplied by the number of institutions receiving from the public not made accessible, falling within the scope of the scheduled accessibility agenda.

In the case of a repeat offense, a prison sentence of 6 months may be imposed.

Territorial collectivity

The financial penalty shall be between 5% and 20% of the amount of work remaining to be carried out but not exceeding 2% the amount of the capital expenditure shown in the administrative account drawn up for the penultimate financial year.

The penalty may not exceed €45,000 (for a natural person) and €225,000 (for a legal person) multiplied by the number of institutions receiving from the public not made accessible, falling within the scope of the scheduled accessibility agenda.

In the case of a repeat offense, a prison sentence of 6 months may be imposed.

State

The financial penalty shall be between 5% and 20% of the amount of work remaining to be carried out but not exceeding 2% the amount of the capital expenditure indicated in the annexes to the last settlement law for the action that finances the scheduled accessibility agenda.

The penalty may not exceed €45,000 (for a natural person) and €225,000 (for a legal person) multiplied by the number of institutions receiving from the public not made accessible, falling within the scope of the scheduled accessibility agenda.

In the case of a repeat offense, a prison sentence of 6 months may be imposed.

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