Accessibility of an institution receiving the public (ERP)
Verified 28 November 2025 - Entreprendre Public Service / Legal and Administrative Information Directorate (Prime Minister)
An ERP must be accessible to a person with a physical, sensory (vision, hearing) or mental (cognitive, psychological) disability. We present the steps to be carried out, depending on the new or existing character of the ERP, to comply with the rules ofaccessibility and possible aid to finance the necessary works.
A person in a situation of disability must be able to access the following ERP elements:
- Outer Routes
- Parking of vehicles
- Access and reception in buildings
- Horizontal and vertical circulation within buildings
- Indoor and sanitary premises open to the public
- Doors, interior airlocks and exits
- Floor coverings and walls
- Indoor and outdoor equipment and furniture that can be settled (such as lighting and user information devices).
Accessibility rules apply differently if the ERP is existing, new or created in an existing building.
FYI
You can make a self-diagnosis to find out if your ERP meets the standards.
When building an ERP, you must apply the technical means provided by the regulations to make it accessible.
You can also ask the prefect for permission to use another means to achieve the required level of accessibility depending on the category and type of activity of your establishment. For this purpose, you must propose a new technical, technological or architectural solution: this is what is called a solution with equivalent effect.
The request must be sent to your prefecture. It must include supporting documents to explain and assess the effectiveness of the means you propose to achieve the expected use (photos, plans, brochure, explanatory material notice).
The prefect will notified its reasoned decision within 3 months of receipt, after receiving the opinion of the departmental accessibility sub-committee. In the absence of a response, your request is considered granted.
The file ofwork authorization in an ERP varies according to the work to be carried out:
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Work exempt from city planning authorization
If your work is exempt from city planning authorization, a Application for authorization to construct, develop or modify an ERP must be deposited in the town hall:
Works subject to prior declaration of works
If your work is subject to prior declaration of work, the following 2 forms are to be deposited in the town hall:
Prior declaration of construction and works not subject to building permits
Works subject to building permits
If your work is subject to a building permit application, the following 2 forms must be submitted to the town hall:
Application for a building permit (other than for a detached house or its annexes)
You can ask the Prefect for permission to use another means to achieve the required level of accessibility depending on the category and type of activity of your ERP. To this end, you propose a new technical, technological or architectural solution: this is what is called a solution with equivalent effect.
If your ERP is located in an existing building, the difficulty of modifying the construction is taken into account and relaxed rules allow you to ask the prefect not to reach the expected level of accessibility. You must file an application for derogation.
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Equivalent effect solution
The request is forwarded to your prefecture. It includes supporting documents to explain and assess the effectiveness of the means you propose to achieve the expected use (photos, plans, brochure, explanatory material leaflet ...).
The prefect will notified its reasoned decision within 3 months of receipt, after receiving the opinion of the departmental accessibility sub-committee. In the absence of a response, your request is considered granted.
Derogation
If your ERP is existing or created in an existing building, you can request not to apply accessibility rules in the following cases:
- Technical impossibility (characteristics of the land, presence of other constructions…)
- Constraints related to heritage conservation
- Cost of work disproportionate to the improvements made by accessibility
- Refusal of the general meeting of co-owners to make the common areas accessible (ERP located in a collective building for main residential use).
The request for exemption is sent to the town hall with the form designed to check the accessibility of your ERP that accompanies your request for city planning authorization.
Example :
In a very small shop, to optimize each space, the request may concern the possibility of settling a folding tablet on a cash counter.
One alternative measure (required for an existing ERP of 5th category or an ERP responsible for public service mission) may allow a disabled person to access all the services of the establishment in the accessible part of the building. Measures vary by institution.
Example :
A store on several levels, without elevator can replace the access to the floors by a catalog of products that are there. A seller then brings the products chosen by the user.
A town hall can offer a regular office located in an accessible room of its civil status department located upstairs.
The decision is taken after the opinion of the departmental advisory commission on safety and accessibility.
It is imperative to always justify a request for derogation by attaching the documents attesting to its legitimacy (example: an accounting balance sheet in the case of a disproportion between the cost to be incurred and my financial capacities).
The dossier contains as many requests for derogations as targeted technical points.
A waiver may also require doing something different from what is required by regulation.
The file ofwork authorization in an ERP varies according to the work to be carried out:
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Work exempt from city planning authorization
If your work is exempt from city planning authorization, a Application for authorization to construct, develop or modify an ERP must be deposited in the town hall:
Works subject to prior declaration of works
If your work is subject to prior declaration of works, the following 2 forms are to be deposited in the town hall:
Prior declaration of constructions and works not subject to building permits
Works subject to building permits
If your work is subject to a building permit application, the following 2 forms must be submitted to the town hall:
Application for a building permit (other than for a detached house or its annexes)
You can get help to make your ERP accessible.
Aids for all ERPs
For information, you can contact the organizations presented on the website of the ministry of ecology.
In addition,
Grant from the accessibility fund to a category 5 LES
If your ERP is 5e in addition, you can also benefit from a grant from the territorial accessibility fund, under certain conditions. The nature of operation of your establishment (its type in the fire safety nomenclature), its public reception capacity (its category) and its particular characteristics must correspond to the following criteria:
ERP Type
- Sales Store (Type M)
- Restaurant or drinks bar (type N)
- Hotel or guesthouse (type O)
- Banking institution (type W)
- Care facility (type U).
Please note
One ERP of 5e category of another type (J, L, P, T, etc.) may be eligible for the scheme by written decision of the sub-prefect responsible for disability and inclusion of the ERP implementation department.
ERP Category
5e category: the capacity to accommodate people in the ERP is below the threshold per ERP type set out in the following table:
Nature of the holding | Type | Limit of the number of people to be 5e category | ||
|---|---|---|---|---|
Basement | In floors | Set of levels | ||
Sales Stores | M | 100 people | 100 people | 200 people |
Restaurants or bars | N | 100 people | 200 people | 200 people |
Hotels or guesthouses | O | / | / | 100 people |
Care facility | U |
| ||
Administrations, banks, offices | W | 100 people | 100 people | 200 people |
Special characteristics
Your company (micro, small or medium) must meet the following conditions:
- Employ less than 250 employees
- Have an annual turnover up to €50 million before tax or a balance sheet total up to €43 million
- Created before September 20, 2023
- Be registered in the National Register of companies (RNE)
- Be up to date with the tax administration and the social security employer's contribution collection agency
- Not be in bankruptcy proceedings.
In the case of an association, it must be registered in the national register of associations (or in the register of associations if its registered office is located in the departments of Bas-Rhin, Haut-Rhin or Moselle).
Eligible expenditure
You can apply for assistance to finance one or more of the following actions:
- Settle equipment to make your ERP accessible
- Diagnose the actions to be carried out
- Carry out accessibility work
- Benefit from assistance in the realization of your work.
Amount of aid
The rate of aid may reach:
- 50% expenditure on equipment and accessibility works (for a maximum amount of €20,000)
- 50% expenditure on the diagnosis of accessibility conditions and assistance with works (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 your request for help on the online service platform of the Service and Payment Agency:
Who shall I contact
You must attach the following supporting documents:
- Copy of valid national identity card, passport or residence permit
- Bank identity statement of the legal person making the request
- Proof of the applicant's standing to represent the company
- Copy of the application for authorization to construct, develop or modify an establishment receiving public access if necessary (with the registration number of the application communicated by the town hall and the attachments relating to accessibility)
- Commitment to the honor of fiscal and social regularity
- Commitment on the honor of the creation of the company before September 20, 2023, its registration in the national register of companies and the absence of judicial liquidation proceedings at the time of filing the application
- Honor declaration on compliance with the 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; type: M, N, O, W, U)
- Precise description of the equipment and works envisaged (nature, characteristics, etc.) and estimated estimated amounts (excluding tax): unsigned quotes.
Disbursement of aid
If the project is validated, you receive an advance of 30% help when you justify the start of the project.
Proof of receipt (signed quote with date of signature, first receipts, first purchase orders...) must be from a date after the acknowledgement of receipt of the request for assistance.
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 update of your ERP accessibility data on the public site Acceslibre.
You must report accessibility from your establishment to the following services:
- Prefect of department
- Commission for the accessibility of the municipality where the establishment is located.
The establishment's certificate of compliance is established differently depending on the ERP category and the presence of a scheduled accessibility agenda (Ad'AP):
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ERP categories 1 to 4
For the ERP categories 1 to 4, the certificate establishing the conformity of the establishment must be drawn up by an approved professional (inspection office or architect) and attached to the declaration to be made online:
Accessibility certificate for an establishment receiving public from categories 1 to 4
If the establishment has been the subject of a building permit, the certificate of accessibility is attached to the declaration of completion and conformity of work (DAACT) transmitted to the town hall. It is established by a technical controller (or an independent architect),
ERP Category 5
The manager or owner of a 5th category ERP completes and sends himself the certificate of accessibility to be attached to the online declaration:
Accessibility certificate for a category 5 public facility
If the establishment has been the subject of a building permit, the certificate of accessibility is attached to the declaration of completion and conformity of work (DAACT) transmitted to the town hall.
ERP with a programmed accessibility agenda
At the end of the work provided for in a scheduled accessibility agenda (Ad'AP), you must transmit to the prefect the following balance sheet:
You must also send him a certificate of completion of the work and / or actions of accessibility:
Certification of completion of work for an ERP under an Ad'AP
The attestation must be carried out by an approved technical controller or an architect. It may be established by the owner or operator for a ERP 5th category. It shall be accompanied by all the documents justifying the work and actions provided for in the agenda.
You must make a register available to the public of accessibility.
It shall inform you of the measures taken in your ERP: titleContent to enable all persons with disabilities to benefit from your benefits.
The register shall contain the following information:
- Full information of the services provided by the establishment
- Administrative documents (accessibility certificates, derogations obtained, accessibility schedule in case of a scheduled accessibility agenda...)
- Technical parts (maintenance procedures for lifts, lifts and automatic removable ramps...).
For LES categories 1 to 4, a certificate signed and updated annually by the employer is added. It describes the training measures for personnel responsible for the reception of disabled persons.
The register can be consulted at the main accessible reception point of the establishment, possibly in dematerialized form. It can also be found on the hotel's website.
Please note
For public transport service stopping points (e.g. a station) subject to the ERP regime, the public accessibility register may cover the whole of a line or network.
An “accessible” collaborative website aims to identify the accessibility of all places receiving the public and to share this information as widely as possible. All information on accessibility conditions is free and open.
You can enrich this site with the accessibility conditions of your ERP. Anyone can add information to it or consult it to find out the accessibility conditions of a specific institution.
Non-accessible LES must be the subject of a work authorization application and achieve full compliance of the establishment. In the event of non-compliance with accessibility rules, administrative and criminal penalties may be applied:
- Closure of the ERP by the administrative authority
- Fine of €45,000 (up to €225,000 for a legal person)
- Reimbursement of a grant granted by a local authority.
Definition of an ERP (Article R143-2 of the Construction and Housing Code)
Rules for new ERPs and the development of facilities open to the public
General rules concerning persons with disabilities or reduced mobility
Provisions applicable to ERPs located in an existing built environment and to existing facilities open to the public
Accessibility certificate to be attached to the declaration of completion of work
Scheduled Accessibility Agenda (Ad'AP)
Criminal sanctions
Criminal sanctions (legal persons)
Accessibility Register
Ministry for the Environment
Ministry for the Environment
Ministry of Agriculture
Ministry for the Environment
Ministry for Disability
Ministry for the Environment
Ministry of Urban Planning
Ministry for the Environment