How to install a terrace in front of your café or restaurant?
The principle is simple: the public domain is normally allocated to the use of the public and therefore (article P. 2122-1 of the General Code of Property of Public Persons):
No person may, without having a title authorizing him to do so, occupy a dependency in the public domain of a public person mentioned in Article L. 1 or use it within limits that exceed the right of use that belongs to all.
However, it may also be the subject of private occupancy with prior authorization, insofar as this occupation is compatible with the original use of this public domain.
Concretely and applied to sidewalks: the latter affect pedestrian traffic; therefore, installing a terrace implies authorization, but the terrace cannot make the sidewalk incompatible with its condition: traffic.
In short, the opening of a terrace on the public road requires obtaining a temporary permit to occupy public roads of the administration granted by decree and subject to a fee (P. 2125-1 of the General Code of Property of Public Persons).
The types of terrace and authorization
It is necessary to distinguish the terrace according to its location and the existence or not of a footprint on the ground.
There are two criteria for distinction:
- whether or not there is a right of way on the ground;
- the location of the terrace: The counter-terrace is the terrace that does not adjoin the restaurant but is opposite, against the edge of the opposite sidewalk, the pedestrian crossing being between the counter terrace and the restaurant.
Depending on the type of terrace, separate authorizations should be requested:
- The parking permit : it allows parking without a right of way on the ground;
- Road traffic permit : This is the authorization to be obtained in case of land use.
Who should you contact to request a terrace installation?
For the parking permit: administrative authority in charge of police and traffic.
For road permission, you must apply to the urban planning department.
In Paris, you have to fill out the Request for authorization to occupy public domain, to be sent to the urban planning department. The request can also be made online using the service of the website of Office for professionals in Paris.
Supporting documents to be provided
The request must be accompanied by a copy of:
- of a K or Kbis extract;
- drinking licenses;
- of the commercial lease or the title of ownership
- a plan for the installation of the terrace and a description of the project.
The application must also be accompanied by the original:
- an insurance certificate for the occupation of the public domain;
- a bank identity statement (RIB).
It will also be necessary to provide a description of the terrace. The deadline for processing the request is two months.
The characteristics of the authorization
The authorization is personal (it cannot be transferred), precarious (it is only valid for a specific period of time) and revocable.
Attention: due to the personal nature of the authorization, it is not included in the transfer of the business and must therefore be requested again by the new owner. When buying a business whose main attraction is a terrace, you should be very careful when transferring the fund, in particular by making it a suspensive condition that a new authorization be obtained.
The road charge or road charge
The amount of the fee — the road fee — is set at the local level by the municipality.
The amount of the fee varies according to the interest that the terrace is of interest to the applicant (P. 2125-3 of the Code on the Property of Public Persons). Several elements are taken into account, including the importance of the terrace, the presence of a footprint, and especially the commercial value of the road in question.
The amount of the fee is subject to revision by the administration.
Penalties for non-compliance with regulations
Attention: The authorization to occupy the public domain is subject to strict conditions, and is often accompanied by a charter of occupation of the public domain which must be scrupulously respected.
The penalty is a fine of 1,500 euros (5th category violation) in the event of the occupation of the road without authorization or in the event of non-compliance with the conditions of the authorization or the charter of occupancy of the public domain.
