Derogations from accessibility rules in the existing building

Builders, owners, operators of establishments open to the public (ERP).

Existing facilities open to the public and establishments open to the public located in an existing built environment are made accessible, in the parts open to the public, according to conditions specific to their type and category.

Reasoned derogations may be authorised in the case of :
technical impossibility ;

• a manifest disproportion between the improvements brought about by the implementation of technical accessibility requirements, on the one hand, and their costs, their effects on the use of the building and its surroundings, on the other hand
• constraints linked to the preservation of the architectural heritage;
• refusal by the co-owners, by a reasoned decision taken under the conditions provided for in article 24 of law n° 65-557 of 10 July 1965 fixing the status of co-ownership of built-up buildings, to carry out accessibility work for the opening of an establishment receiving the public in an existing residential building.
• Derogations are granted after the opinion of the competent commission on accessibility and must be accompanied by alternative measures for establishments receiving the public and fulfilling a public service mission. When they concern an establishment receiving the public which meets the conditions of frequentation defined by decree, this opinion is compliant and the request for exemption is necessarily the subject of an explicit decision.

A derogation is granted for establishments receiving the public located in a residential building existing on the date of publication of order no. 2014-1090 of 26 September 2014 relating to the accessibility of establishments receiving the public, public transport, residential buildings and roads for disabled persons when the co-owners refuse the accessibility work by a reasoned decision taken under the conditions provided for in article 24 of law no. 65-557 of 10 July 1965.

However, when the owner or operator of the establishment receiving the public bears the entire cost of the accessibility work, the refusal may only be opposed by the co-owners of the residential building on the grounds of technical impossibility or constraints linked to the preservation of the architectural heritage.