Spring is approaching, and it will soon be time to think about opening or reopening your patio, which is a definite asset for attracting customers during the warmer months. Whether it's your first or umpteenth time setting one up, a quick reminder of the rules is always helpful to avoid any problems and ensure your customers can fully enjoy their pleasant outdoor space.
What legal permits are required to open a terrace?
To install a terrace, you first need authorization: this is mandatory, regardless of the size of the terrace, from the moment it encroaches on a public space.
The application for authorization is made to the town hall, or even to the prefecture in certain situations where it is necessary to request a Temporary Occupation Authorization (AOT) of the public domain. This authorization takes the form of a decree.
There are two types of authorization:
- a parking permit which authorizes occupation without ground footprint, where no element (table, furniture, etc…) is fixed to the ground.
- A road permit is required when there is a ground footprint, such as for an enclosed terrace, for example.
In all cases, the terrace must not obstruct pedestrian traffic in the public space, nor should it inconvenience local residents, particularly their entrance doors.
Once you have submitted your application, allow up to two months for processing. If you have not received a response within this timeframe, your application should be considered rejected.
What are the conditions and obligations for opening a terrace?
The permit issued is necessarily temporary : the town hall can decide to grant a renewable seasonal or annual permit. It can also specify the hours during which the establishment can be open. This type of time restriction often applies in the evening: to avoid disturbing residents, the town hall may prohibit the opening of the terrace after a certain hour, for example.
Once the authorization has expired, the application will need to be resubmitted.
The authorization must be displayed inside the establishment so that it is visible from the outside.
It is important to note that the permit is personal and cannot be transferred, sold, or leased to anyone else or to another establishment, even in the event of a change of ownership. The new owner will, in turn, have to apply for a permit.
Furthermore, this authorization is revocable , meaning it can be withdrawn without notice or compensation for work on the public highway or during an event. It can also be withdrawn for failure to comply with the authorization's conditions or for non-payment of the fee. The authorization may also not be renewed, which will require the restaurant owner to vacate the space previously allocated to their terrace.
How much does it cost?
Permits for a terrace require the payment of an annual fee, the amount of which, set by the city council, varies depending on the city, the neighborhood, and the square footage. In Paris, for example, it ranges from €18 to €406 per square meter, depending on the neighborhood. It should be noted, however, that outside of Paris, prices are significantly lower.
It's also important to know that the fee amount is subject to review at the end of each occupancy period. Therefore, when you request a renewal of your permit, the amount may be reassessed and change.
You now have all the information you need to install your patio and understand its limitations. It's therefore essential to plan ahead, particularly regarding permit renewals, to ensure you can have a patio available at all times during your desired periods. You must also strictly adhere to any regulations imposed by your city to ensure the long-term viability of your patio.
All you have to do now is arrange your terrace properly and make sure it is welcoming and attractive to your customers and passersby looking for an outdoor table.
