Do you need a permit to open a facility that receives the public?

Verified 15 June 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the operator of a ERP: titleContent must apply for authorization before the establishment opens. Similarly, if the establishment has been closed for more than 10 months, it must apply for an authorization before it reopens.

 He applies more than 1 month before the scheduled opening to the public. He makes this request to his city hall and in Paris to the police prefecture.

FYI  

one Category 5 ERP with sleeping quarters (gîte, boarding house...) is subject to authorization to open. This is not the case for an ERP of 5e category without sleeping quarters. However, the mayor may arrange for monitoring visits to verify that safety regulations are being followed.

The instruction of the request to open a ERP: titleContent is different depending on whether or not the work has been the subject of a building permit.

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Work subject to building permits

The operator must make the following 2 approaches to the City Hall or the Police Prefecture in Paris:

  1. Provide a certificate of acceptance of accessibility rules established by a supervising office or an architect other than the one following the project.
  2. Request the security commission reception visit to control the safety rules of his establishment against fire and panic hazards.
Who shall I contact

The operator must attend the visit to his establishment or be represented by a qualified person.

The committee shall issue a opinion she's handing it over to the mayor. The latter authorizes the opening by a municipal decree. This Order is notified to the operator by letter RAR: titleContent. A copy is sent by the city hall to the prefect of the department.

When the mayor opposes opening theERP: titleContent, the operator may challenge that decision before the administrative court within 2 months.

Work not subject to a building permit or without work

General case

The operator shall ask the Mayor for the reception visit of his establishment. After a visit to the site, the safety and accessibility committees decide on the respect of the fire and panic safety rules and rules accessibility.

The operator must attend the visit to his establishment or be represented by a qualified person.

Commissions shall issue a opinion that they pass on to the mayor. The latter authorizes the opening by a municipal decree. This Order is notified to the operator by letter RAR: titleContent. A copy is sent to the prefect of the department.

Who shall I contact

Where the Mayor objects to the opening of the ERP, the operator may challenge that decision before the administrative court.

In Paris

The operator shall ask the prefect of the police for a reception visit to his establishment. After a visit to the site, the safety and accessibility committees decide on the respect of the fire and panic safety rules and rules accessibility.

The operator must attend the visit to his establishment or be represented by a qualified person.

Commissions shall issue a opinion they'll pass it on to the police commissioner. The latter authorizes the opening by a prefectural decree. This Order is notified to the operator by letter RAR: titleContent.

Where the police prefect opposes the opening of the ERP, the operator may challenge that decision before the administrative court.

Some sports establishments shall be subject to approval from the prefecture. It is a condition of the authorization of opening issued by the mayor. It concerns the following establishments:

  • Outdoor facility with capacity exceeding 3,000 spectators
  • Covered sports establishment with a capacity exceeding 500 spectators

The seating capacity corresponds to the number of individualizable seating positions available to spectators in fixed and temporary stands.

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