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Institution Receiving Public (ERP): work authorization procedures

Verified 11 juillet 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of the Interior

Covid 19: health measures in LES

The decree n°2020-1310 of 29 october 2020 set list of establishments suitable for the public and the health protocol to be applied.

Depending on the local circumstances, the prefect of the department may adapt it. It can limit the number of clients that can be accommodated and prohibit the opening of markets, parks, gardens, beaches, water bodies and lakes in breach of sanitary protocol. It may make the wearing of the mask compulsory for persons over 11 years of age.

The construction, alteration or alteration of an establishment receiving public (ERP) is subject to different regulations depending on whether the work requires a building permit or not.

Work with construction permit

Where a building permit is required, it shall take the place of a work authorization, accompanied by a specific file. At the same time, an authorization to open to the public must be requested from the town hall (except Paris, where it is at the police headquarters), at least 1 month before the scheduled opening date.

Work on a institution receiving public (ERP) are subject to the requirement to obtain a building permit in the following cases:

  • Creation of a new construction, that is to say independent of any existing building 
  • Expansion of an existing building, if the work adds a floor surface or ground right of way more than 20 m² (or 40 m² in an urban area of a municipality covered by a local town planning plan, or between 20 and 40 m² if the works bring the total surface of the construction beyond 150 m²) 
  • Modification of the supporting structures or the facade of the building, when this work is accompanied by a change of destination (e.g. transformation of a commercial premises into a dwelling) 
  • Work on a building listed as historic monuments or in a saved sector.

  FYI : when the work leads to the loss of ERP quality for the entire building, it is not necessary to apply for a building permit, unless the establishment is located in a priority area of city policy.

You can fill out a form or use a remote service to help you build your file.

Form

General case

Who shall I contact

In Paris

For the LES in Paris, we invite you to consult the police prefecture website , taking into account the specificities of the Parisian organization.

Assistance in planning applications

Your application for a building permit can be made on a remote service with input help.

  FYI : after completion of the work, theopen to the public is subject to the authorization to operate issued by the town hall.

Compliance with security standards is monitored during the various ERP authorization requests: application for a building permit, development work, application for authorization to open the establishment.

In the event that LES do not comply with safety requirements, their owner (or manufacturer or operator) is liable to:

  • a temporary or permanent administrative closure ordered by the mayor or prefect (after obtaining the opinion of the departmental advisory committee on security and accessibility),
  • criminal penalties (fine up to €25,000 and imprisonment).

Work without building permit

In the event that the proposed work does not require a construction permit, the LES operator (or contractor) must obtain a work authorization from the mayor, particularly if the work is subject to prior notification. In this case, the prior declaration is requested in parallel with the authorization of works.

Prior declaration shall be required in particular for work in the following cases:

  • Change the exterior appearance of a building (for example, changing a door or window to another model, breaking in a new window)
  • Work carried out inside buildings in protected areas including Backup and Enhancement Plan not approved or revised
  • Creating a floor surface or ground right of way between 5 m² and 20 m² maximum (or 40 m² in an urban area of a municipality covered by a local town planning plan, or between 20 and 40 m² if the works bring the total area of the construction beyond 150 m²)
  • Change of destination without changing the facade (transformation of a commercial premises into a dwelling for example)

Before commencing construction or fitting-out of a institution receiving public (ERP), the owner (or his agent) must ask the mayor for an authorization.

Application for authority to construct, develop or modify a facility receiving public (ERP)

Cerfa n° 13824*04 - Ministry of Planning

Who shall I contact

The application package, sent in 4 copies, must include many documents, including:

  • Plan and layout
  • Reaction to material fire
  • Security Notice
  • Information on accessibility for disabled people (e.g. specific locations)

The period for examining the application shall be 4 months from the filing of the file.

The file is first examined by the Committee on Security and Accessibility which gives an opinion to the mayor within 2 months (after this period, the opinion is considered favorable).

Then the mayor can issue a work permit. The absence of a decision shall constitute acceptance of the proceedings.

  FYI : after completion of the work, theopen to the public is subject to the authorization to operate issued by the town hall.

Compliance with security standards is monitored during the various ERP authorization requests: application for a building permit, development work, application for authorization to open the establishment.

In the event that LES do not comply with safety requirements, their owner (or manufacturer or operator) is liable to:

  • a temporary or permanent administrative closure ordered by the mayor or prefect (after obtaining the opinion of the departmental advisory committee on security and accessibility),
  • criminal penalties (fine up to €25,000 and imprisonment).