Commercial Premises in France: Planning, Fire, & Disability Access Regulations

As a general rule, any premises or building open to the public, an établissement recevant du public or ERP, must comply with specific rules on accessibility and fire prevention. The list of buildings affected includes shops, shopping centres, theatres, cinemas, hospitals, schools and universities, hotels, restaurants, bars, campsites and fishing lakes. Temporary structures such as marquees are also covered.

The accessibility obligation comes from French law, the loi du 11 février 2005, rather than from a European directive, and it applied to both new and existing establishments from 1 January 2015. Many existing ERPs were not ready in time, and a scheme known as the Agenda d’Accessibilité Programmée, or Ad’AP, allowed owners to commit to a phased programme of works instead.

That scheme is now closed. No new Ad’AP has been accepted since 31 March 2019. If you are buying premises that are not compliant, you can no longer apply for extra time as a matter of course. You must bring the building into conformity, or apply for a formal dérogation, which may be granted on limited grounds such as technical impossibility, heritage constraints, disproportionate cost relative to the business, or refusal by the copropriété. Do not assume that a seller’s reference to an existing Ad’AP means the problem is taken care of, and ask to see the completion certificate for any works it covered.

All buildings open to the public or ‘ERP’ are categorised according to their purpose (activity) and their capacity (number of people). The purpose of a building is determined by the authorities, selected from a list of around 30 different types of establishment, each referred to by a letter. For example, shops are listed as ‘M’, bars and restaurants by the letter ‘N’, hotels and B & B’s by the letter ‘O’, and so on. There are special categories for things like “floating buildings” (boats or ships to you and me!), open-air structures, covered car parks, etc.

The capacity of a building falls into one of five categories:

• More than 1,500 people: category 1
• 701 to 1,500 people: category 2
• 301 to 700 people: category 3
• Up to 300 people: category 4, unless the building falls into category 5
• Below the thresholds set for its activity type: category 5

For categories 1 to 4, the capacity figure includes staff as well as members of the public. For category 5, only members of the public are counted.

The category matters more than most buyers expect. Categories 1 to 4 are subject to inspection by the safety commission before opening and to periodic re-inspection thereafter. Category 5 establishments, which is where most small businesses sit, are not usually subject to a compulsory commission visit, but they are not exempt from the rules themselves. They must still meet fire safety and accessibility requirements and must still obtain authorisation before opening.

Many foreign buyers dream of opening (or taking over) a bar, restaurant, hotel, B & B, or gîte complex, and it is important to understand the implications of current regulations as they can have a significant effect on the costs of renovations. It may also affect whether or not a building can be used for the purpose, especially in the case of older buildings, where structural constraints may make it impossible to meet regulations.

Let’s take a look at some of the most popular commercial properties.

Hotels, B & B’s, Gîtes And Other Buildings Offering Accommodation

The dividing line for accommodation is five rooms and fifteen guests, and the two are alternatives rather than conditions that must both be met. A property let as chambres d’hôtes with up to five rooms and a maximum of fifteen guests at any one time falls under ordinary residential fire safety rules rather than the ERP framework. Exceed either figure, by letting a sixth room or by sleeping a sixteenth guest, and the property is no longer chambres d’hôtes in law. It becomes a small hotel, which means ERP type O with sleeping accommodation, a category that carries substantially heavier and more expensive obligations.

This catches people out regularly, and the consequences are serious. Buyers have found themselves having to close rooms to get back under the limit, or to fund a full ERP conversion that was never in the business plan. If you are viewing a property advertised as having six or seven guest bedrooms, establish before you offer whether it is authorised as an ERP, and ask to see the authorisation.

Where the ERP rules do apply, separate fire and accessibility dossiers must be prepared as part of the application, as set out below. Note also that even where ERP rules do not apply, a level of accessibility provision may still be expected, and it is worth checking your specific case rather than assuming.

Shops, Bars And Restaurants

It is unlikely that any shop, bar or restaurant could be financially successful with a capacity of fewer than 15 people, so all of these are likely to require ERP conformity.

Campsites & Fishing Lakes

The requirements for these will depend on the use of any building on site – for example, shower blocks, restaurant areas, etc. Open spaces usually do not require any specific adherence to ERP regulations, though dedicated parking spaces (with appropriate dimensions, signs, etc.) for disabled visitors may be necessary.

So what, in practical terms, does it mean to conform to these ERP regulations? There are two main elements to consider – fire safety and disabled access.

Fire safety

ERP regulations have several core objectives as regards the fire safety of a building that is open to the public, notably: limiting the risk of a fire; alerting the public in the event of a fire; evacuating people without panic; and alerting the fire brigade and facilitating their intervention. There is an obligation on the part of all owners and operators of such establishments to follow the guidelines, not only at the time of construction or renovation, but on an ongoing basis.

The main requirements are as follows:

• At least one façade of the building must permit the rapid and easy evacuation of all people from the building, plus allow access for the emergency services to enter the building and fight the fire.
• The materials used in the construction or renovation of a building must respect certain regulatory characteristics – notably as regards their fire-retardant qualities:
  • This usually means that walls, floors and ceilings have a minimum of a one-hour fire rating, and internal doors must have a minimum of a half-hour rating.
  • In certain cases, external emergency exit doors will be required (usually where the capacity is greater than 50 people), and must open in an outward direction.
  • Exit doors need to be of a minimum width (usually at least 90cm), and more than one may be required, depending on the capacity of the building.
  • A manually or mechanically operated ventilation/extraction system may be required
  • Specific regulations exist for commercial kitchens, particularly as regards the need for an emergency cut-off valve for closing the supply of gas, extraction of fumes, cleaning of grease traps in extraction systems, etc. Conduits for the evacuation of fumes must be fire-resistant, usually with a minimum rating of 15 minutes.
  • Boiler rooms or other spaces dedicated to heating systems must have a minimum one-hour fire rating and must not be accessible to the public.
  • Emergency lighting may be required, dependent upon the capacity of the building.
  • The electrical installation must conform to specific requirements for the type of building and the activity undertaken.
  • Fire extinguishers will be required dependent on the type of activity undertaken and the capacity.

Accessibility

Alongside the fire rules, there is a general obligation to allow all staff and members of the public equal access to an ERP, and to provide facilities adapted to particular needs. This covers wheelchair users and others with reduced mobility, and people with impaired sight, hearing or cognitive function.

Any area open to a member of the public must be open to all, including car parking and lifts. The underlying aim is that no one is excluded from buildings and services that are open to everyone else.

The main requirements are as follows:

• Access to the premises and to adapted services for anyone with reduced mobility
• Access ramps for wheelchair users where needed, with specific rules on gradient and dimensions
• Clear signage at a range of heights, legible to wheelchair users and people with impaired vision
• A lowered section of reception or service counter
• Adapted WCs and bathrooms, with a minimum turning circle of 1.5 m and accessible basins and taps
• Adapted bedrooms where relevant, with minimum turning space for wheelchair users. For hotels, a set proportion of rooms must be adapted
• Adapted kitchens where the public has access
• Designated accessible parking spaces

The accessibility register

Since 30 September 2017, every ERP, including category 5 establishments, must keep a registre public d’accessibilité and make it available to the public at the point of reception. It sets out how the building meets the accessibility rules, records any dérogation granted, and describes how staff are trained to assist disabled visitors. It is a short document and easily overlooked, but it is a legal obligation and inspectors do ask for it.

Failure to comply with the accessibility rules is an offence under article L152-4 of the code de la construction et de l’habitation, with fines of up to €45,000 for an individual and five times that for a company, and the mayor has power to order the closure of a non-compliant establishment.

Which application you make depends on whether your works also need planning permission.

If the works require a permis de construire or a permis d’aménager, you make a single application. The planning application is accompanied by a dossier spécifique permettant de vérifier la conformité des établissements recevant du public aux règles d’accessibilité et de sécurité contre l’incendie et la panique, filed as items PC39 and PC40 (or PA50 and PA51 for a permis d’aménager). The planning decision then serves as the ERP authorisation as well.

If the works do not require planning permission, which is common for internal alterations, a change of use or bringing an existing building into conformity, you make a standalone demande d’autorisation de construire, d’aménager ou de modifier un établissement recevant du public, using form Cerfa 13824*04, available from service-public.gouv.fr.

Either route requires two supporting documents: a notice de sécurité incendie describing the fire safety provisions, and a notice descriptive d’accessibilité explaining how the public is received and how the building is made accessible. Vague or generic notices are the most common reason for a dossier being sent back.

All applications are lodged with the local Mairie, in several copies, and are then passed to the sub-commissions for fire safety and accessibility, which give their opinion to the mayor.

You are not legally obliged to use an architect for a standalone ERP authorisation. An architect is required where the applicant is a company or other personne morale, or where the total floor area after works exceeds 150 m², which is the case for most commercial projects of any size. In practice these dossiers are technical and are usually prepared by an architect or a specialist consultant, and a poorly presented application will cost you months.

Opening Your Premises to the Public

Authorisation to carry out the works is not the same as authorisation to open. Before you can receive the public, the mayor must issue an autorisation d’ouverture.

For establishments in categories 1 to 4, that follows a visit from the safety commission once the works are finished. For category 5 establishments, a commission visit is not usually required, but the authorisation to open still is, and you should confirm with the Mairie what it expects before you set an opening date.

Once open, you must keep a registre de sécurité recording maintenance, inspections, staff training and any incidents, alongside the accessibility register. Establishments in categories 1 to 4 are re-inspected periodically, typically every two, three or five years depending on the category and activity. Operating without the authorisation to open, or continuing after an unfavourable commission opinion, exposes you to administrative closure.