R111
LexInter | December 13, 2017 | 0 Comments

R111

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Section 2: General provisions applicable to residential building

Article R111-1

   The provisions of this chapter are applicable in all municipalities to the construction of new residential buildings as well as to the elevations of old residential buildings and to additions to such buildings.
For the purposes of this chapter, buildings or parts of buildings housing one or more dwellings, including homes, such as homes for young workers and homes for the elderly, constitute residential buildings,
to the exclusion of premises intended for professional life when this is not carried out at least partially in the same set of rooms as family life and premises to which articles R. 123-1 to R. 123-55, R. 152-4 and R. 152-5.
A home or dwelling includes, on the one hand, main rooms intended for living or sleeping, possibly isolated bedrooms and, on the other hand, utility rooms, such as kitchens, bathrooms, lavatories , laundry rooms, storage rooms, dryers, as well as, where applicable, passageways and outbuildings.

 

Article R111-2

(Decree nº 84-68 of January 25, 1984 art. 1 Official Journal of January 31, 1984)
 

(Decree nº 97-532 of May 23, 1997 art. 2 Official Journal of May 29, 1997)

The living area and volume of a dwelling must be at least 14 square meters and at least 33 cubic meters per inhabitant planned when establishing the construction program for the first four inhabitants and 10 square meters and 23 cubic meters at the less per additional inhabitant beyond the fourth.
The living area of ​​a dwelling is the built floor area, after deduction of the areas occupied by the walls, partitions, steps and stairwells, ducts, door and window openings; the living space corresponds to the total living areas thus defined multiplied by the ceiling heights.
The area of ​​undeveloped attics, cellars, basements, sheds, garages, terraces, loggias, balconies, dryers outside the accommodation, verandas, glazed volumes provided for in article R. 111-10 is not taken into account. , common premises and other outbuildings of the accommodation, or parts of premises with a height of less than 1.80 meters.

Article R111-3

   All accommodation must:
a) Be provided with a drinking water supply system and a waste water drainage system that does not allow odors to flow back;
b) Include at least one special room for the toilet, with a shower or a bathtub and a washbasin, the shower or the bathtub which may however be shared with a maximum of five dwellings, in the case of one-person lodgings grouped together in the same building;
c) Be provided with a toilet inside the accommodation and not communicating directly with the kitchens and living rooms, the toilet can however be shared with a maximum of five dwellings in the case of dwellings one person and less than 20 square meters of living space and provided that it is located on the same floor as these dwellings;
d) Include a sink fitted with a water outlet and a space fitted out to receive cooking appliances.
The rules of construction and
Collective buildings have a closed and ventilated room for the deposit of household waste before its removal.

 

Article R111-4

(Decree n ° 83-510 of June 22, 1983 Official Journal of June 22, 1983)

Taking into account the normally admissible occupancy modes, the insulation of the dwellings must be such that the pressure level of the noise transmitted inside each dwelling does not exceed the limits set by a joint order of the Minister responsible for construction. and housing and the minister responsible for health.
The noise generated by any equipment in the building must not exceed the limits set in the same form.
 

Article R111-4-1

(inserted by Decree nº 95-21 of January 9, 1995 art. 10 Official Journal of January 10, 1995)

The acoustic insulation of housing against noise from land transport must be at least equal to the values ​​determined by prefectural decree in the department concerned, in accordance with Article 13 of Law No. 92-1444 of December 31, 1992 relating to the fight against the noise.
Pursuant to article R. 410-13 of the town planning code, the town planning certificate specifies the possible sectors in which acoustic insulation requirements are provided.

 

Article R111-5

(Decree nº 80-637 of August 4, 1980 Official Journal of August 10, 1980)
 

(Decree n ° 2006-555 of May 17, 2006 art. 9 Official Journal of May 18, 2006)

It must be possible to carry a person lying on a stretcher into or out of the accommodation.
The installation of an elevator is compulsory in parts of collective residential buildings with more than three floors accommodating accommodation above or below the ground floor.
If the building has more than one ground floor, the floors are counted from the lowest level of pedestrian access. When the installation of an elevator is compulsory, each level must be served, whether it is located upstairs or in the basement and whether it includes collective rooms or private parts.
When the lift is not compulsory, parts of buildings comprising more than fifteen dwellings located on floors, above or below the ground floor, must be designed in such a way as to allow installation installation of an elevator without modifying the existing structures and circulation. Buildings that have been the subject of an application for a building permit filed on or after January 1, 2008.
A joint order of the Minister responsible for construction and housing and the Minister responsible for construction are subject to the obligations of this paragraph. he industry sets the safety rules with which elevators must comply.

NOTE: Decree No. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.”
 

Article R111-6

(Decree n ° 82-269 of March 24, 1982 art. 1 Official Journal of March 27, 1982)
 

(Decree nº 88-319 of April 5, 1988 art. 1 Official Journal of April 8, 1988)
 

(Decree nº 2000-1153 of November 29, 2000 art. 1 Official Journal of November 30, 2000)

Any accommodation included in a residential building within the meaning of article R. 111-1 must be able to be heated and provided with domestic hot water at a limited energy expenditure, under the conditions provided for by the provisions of article R. 111-20.
The heating equipment of the accommodation makes it possible to maintain the temperature in the center of the rooms of the accommodation at 18 ºC. They include automatic heating control devices that allow the occupant to obtain a temperature below 18 ºC.
 

Article R111-7

(Decree nº 88-319 of April 5, 1988 art. 2 Official Journal of April 8, 1988)
 

(Decree nº 2000-1153 of November 29, 2000 art. 1 Official Journal of November 30, 2000)

The provisions of article R. 111-6 are applicable to all construction projects having been the subject of a building permit application filed after June 1, 2001.
 

Article R111-8

   Housing must be protected against infiltration and upwelling.

 

Article R111-9

   The accommodation must benefit from air renewal and evacuation of fumes such that the levels of air pollution inside the room do not constitute a health hazard and that condensation can be avoided, except in a way transient.
A joint order of the minister responsible for construction and housing, the minister responsible for health and the minister responsible for industry specifies the methods of application of this article.

 

Article R111-10

(Decree n ° 84-68 of January 25, 1984 art. 2 Official Journal of January 31, 1984)

The main rooms must have an opening and transparent surfaces facing the outside.
However, this opening and these transparent surfaces can open onto glazed volumes installed either to allow the use of heat inputs due to solar radiation, or to increase the acoustic insulation of the dwellings in relation to outside noise.
These volumes must, in this case:
a) Have themselves at least one opening opening onto the outside;
b) Be designed in such a way that they allow ventilation of the accommodation under the conditions provided for in article R. 111-9;
c) Not have its own heating equipment;
d) Have glass walls in contact with the outside at a rate, not including the floor, of at least 60%. 100 in the case of collective dwellings and at least 80%. 100 in the case of single-family dwellings;
e) Not to constitute a covered yard.

Article R111-11

(Decree nº 78-1132 of November 29, 1978 art. 1 Official Journal of December 5, 1978)

The construction must be such that it resists as a whole and in each of its elements the combined effect of its own weight, extreme climatic loads and overloads corresponding to its normal use.
The glazed surfaces must be made with glass of such quality or protected in such a way that they withstand the shocks to which they are normally exposed and that in the event of breakage they cannot cause serious bodily harm to persons using the accommodation and their access under normal conditions.
An order from the Minister of the Interior, the Minister responsible for construction and housing and the Minister responsible for industry specifies the methods of application of the provisions of the preceding paragraph.
 

Article R111-12

   Taking into account in particular the provisions of the decrees of April 2, 1926, January 18, 1943, May 23, 1962 and November 7, 1962,
the joint decrees of the ministers responsible for industry, construction and housing, health and the Minister of the Interior lay down the safety rules applicable to the construction of residential buildings with regard to gas installations, electricity installations, fuel storage and use installations and fixed installations heating, hot water and steam production and refrigeration.
When flues are provided, they must meet the health and safety rules set by a joint order of the ministers responsible for construction and housing, health, industry and the minister of inside.
When garbage chutes are provided, they must meet the health and safety rules set by a joint order of the ministers responsible for construction and housing and health.

Article R111-13

(Decree nº 78-1132 of November 29, 1978 art. 2 Official Journal of December 5, 1978)

the layout of the premises, the structures, the materials and the equipment of the residential buildings must allow the protection of the inhabitants against fire. Accommodation must be isolated from premises which, by their nature or destination, may constitute a danger of fire or suffocation. The construction must allow the occupants, in the event of a fire,
either to leave the building without external assistance, or to receive such assistance.
The installations, arrangements and mechanical devices, automatic or not, set up to allow the protection of the inhabitants of the buildings must be maintained and checked in such a way that the maintenance of their characteristics and their perfect functioning are ensured until destruction of the said buildings. The owners are responsible for ensuring that these maintenance and inspection obligations are fulfilled. They must be able to justify this, in particular by keeping a register.
A joint order of the Minister in charge of Construction and Housing and of the Minister of the Interior, fixes the modalities of application of this article.
 

Article R111-14

(Decree nº 93-613 of March 26, 1993 art. 1 Official Journal of March 28, 1993)

Buildings grouping several dwellings must be provided with the telephone lines necessary to serve each of the dwellings. These lines must be placed in ducts or passages reserved for this purpose.
These same buildings must also be equipped with the collective devices necessary for the distribution of sound and television broadcasting services in the accommodation and with ducts or passages for the installation of the corresponding cables. These collective devices must allow the provision of services broadcast by terrestrial hertzian way normally received on the site, be connectable to a cable network and comply with the overall technical specifications set in application of article 34 of law n ° 86-1067 of September 30, 1986 amended relating to freedom of communication.
A joint decree of the ministers responsible for construction and housing, post and telecommunications and information specifies the methods of application of the rules set in the preceding paragraphs and, as necessary, the conditions under which it can to be exempted from it for certain categories of buildings, having regard to their nature, their use or their situation.
 

Article R111-14-1

(inserted by Decree nº 78-1132 of November 29, 1978 art. 3 Official Journal of December 5, 1978)

For their postal service, residential buildings must be provided with letter boxes at the rate of one letter box per apartment.
If there are several dwellings, these boxes must be grouped into homogeneous sets.
A joint order of the Minister responsible for construction and housing and the Minister responsible for Posts specifies the modalities of application of the provisions of this article.
 

Article R111-15

   On floors other than the ground floor:
a) Windows other than those opening onto balconies, terraces or galleries and the lower parts of which are less than 0.90 meters from the floor must, if they are above on the ground floor, be provided with a grab bar and a protective element rising at least one meter from the floor;
b) The guardrails of balconies, terraces, galleries, loggias, must be at least one meter high; however, this height can be lowered to 0.80 meters if the guardrail is more than fifty centimeters thick.

 

Article R111-16

(Decree nº 80-637 of August 4, 1980 art. 2 Official Journal of August 10, 1980)
 

(Decree nº 86-341 of March 10, 1986 art. 1 Official Journal of March 12, 1986)

A joint order of the Minister in charge of Construction and Housing, the Minister in charge of Health and the Minister of the Interior and Decentralization may, by way of derogation from the provisions of this section, set special rules for certain categories. housing intended for temporary or seasonal occupancy.
The Minister responsible for construction and housing and the Minister responsible for health may jointly grant, as necessary, exemptions from the provisions of this section for the construction of housing having an experimental character.
The Minister responsible for construction and housing may grant exemptions from the provisions of the second paragraph of article R. 111-5 for the construction of new collective residential buildings of an experimental nature making it temporarily impossible to apply these provisions.
The Prefect may grant exemptions from the provisions of the second paragraph of Article R. 111-5 when the characteristics of the land or the presence of existing buildings are an obstacle to their application. The prefect decides by decree after consultation with the departmental advisory commission for civil protection, security and accessibility provided for by decree no. 85-988 of September 16, 1985.
The Prefect may grant exemptions from the provisions of Articles R. 111-3 c, R. 111-10, R. 111-12 (1st paragraph) and R. 111-13 if the modifications proposed by the manufacturer or imposed on him by the decision granting the exemption provide buildings with the same guarantees of comfort, hygiene and safety.
The Prefect may grant exemptions from the provisions of the first sentence of the first paragraph of Article R. 111-14 when the technical and economic characteristics of certain construction operations justify it.
The decisions granting the exemptions mentioned in the two preceding paragraphs are published in the Collection of administrative acts of the department. The file of these requests for exemption is communicated to natural or legal persons who request them under the conditions set by Law No. 78-753 of July 17, 1978.
 

Article R111-16-1

(Decree nº 86-341 of March 10, 1986 art. 2 Official Journal of March 12, 1986)
 

(Law nº 92-125 of February 6, 1992 art. 3 Official Journal of February 8, 1992)

A commission for construction regulations chaired by the director of construction and which includes, in addition to its chairman:
– three representatives of the minister responsible for construction and construction is created with the Minister responsible for construction and housing. housing, one of which is working in the decentralized services;
– a representative of the minister responsible for architecture;
– two representatives of the Minister of the Interior and Decentralization;
– a representative of the minister responsible for health;
– a representative of the minister responsible for social affairs and national solidarity;
– a representative of the minister responsible for industry;
– a representative of the minister in charge of energy;
– a representative of the minister responsible for the environment;
– a representative of the minister responsible for post and telecommunications;
– a representative of the scientific and technical building center;
– two representatives of building companies appointed by the minister responsible for construction and housing on a proposal, one from the national building federation, the other from the confederation of crafts and small businesses of building;
– a representative of architects appointed by the minister responsible for construction and housing on the proposal of organizations representing architects;
– a representative of engineering appointed by the minister in charge of construction and housing with the agreement of the minister of industry on a proposal from the representative engineering bodies;
– a representative of the building industries appointed by the minister responsible for construction and housing with the agreement of the minister of industry on the proposal of the bodies representing the building industries;
– two representatives of the contracting authorities appointed by the minister responsible for construction and housing on a proposal, one from the national union of federations of social housing organizations, the other from the national federation promoters and builders;
– a representative of technical inspectors appointed by the minister responsible for construction and housing on the proposal of the professional committee for prevention and technical control;
– two user representatives appointed by the minister responsible for construction and housing on the proposal of the National Consumer Commission.

The chairman may, moreover, involve in the work of the commission any person qualified by his professional competence whose collaboration he considers useful.
The construction regulations commission gives its opinion on all questions concerning the construction rules for residential buildings, which are submitted for its examination by the Minister in charge of construction and housing.

The construction regulations commission may set up sub-commissions to study specific questions.

NOTE: Law 92-125 art. 3: the reference to external services is replaced by that to: decentralized services.
 

Article R111-17

   Pursuant to Article L. 111-4, the provisions of this chapter automatically replace the contrary or divergent provisions of departmental and municipal health regulations.

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 1: Provisions applicable during the construction of collective residential buildings

 

Article R111-18

(Decree nº 80-637 of August 4, 1980 art. 3 Official Journal of August 10, 1980)
 

(Decree n ° 2006-555 of May 17, 2006 art. 1 Official Journal of May 18, 2006)

Collective housing buildings and their surroundings must be constructed and fitted out in such a way as to be accessible to people with disabilities, whatever their disability. For the purposes of this subsection, a collective dwelling building is considered to be any building in which are superimposed, even partially, more than two separate dwellings served by common built-up areas. The accessibility obligation relates in particular to common internal and external circulation, part of car parking spaces, housing, lifts, collective premises and their equipment.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007”.

Article R111-18-1

(Decree nº 80-637 of August 4, 1980 art. 3 Official Journal of August 10, 1980)
 

(Decree n ° 2006-555 of May 17, 2006 art. 1 Official Journal of May 18, 2006)

Any collective dwelling building or any arrangement linked to a building allowing a disabled inhabitant or visitor, with the greatest possible autonomy, to move about, to access the premises and equipment, to move around, to access the premises and the equipment, to use the equipment, find one’s bearings and communicate. Access conditions for disabled people must be the same as those for other audiences or, failing this, have an equivalent quality of use.
The minister in charge of construction and the minister in charge of disabled people set, by decree, the obligations that must be met by the buildings and arrangements to ensure the accessibility of these buildings and their surroundings with regard to exterior paths, the parking of vehicles, conditions of access to buildings, horizontal and vertical interior circulation of common areas, doors and airlocks of common areas, wall coverings of common areas, collective premises, cellars and cellars, as well as equipment likely to be installed in common areas, in particular lighting anduser information.

NOTE: Decree no. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007”.

 

Article R111-18-2

(Decree nº 80-637 of August 4, 1980 art. 3 Official Journal of August 10, 1980)
 

(Decree n ° 2006-555 of May 17, 2006 art. 1 Official Journal of May 18, 2006)

The architectural provisions and the specific arrangements to ensure the accessibility of housing located in collective housing buildings must meet the following obligations:
1. For all housing:
Circulations and doors to housing must, from the construction of the building, have minimum characteristics, defined by order of the Minister responsible for construction, allowing the movement of disabled people. The control devices must be easily identifiable and usable by these persons.
In the case of dwellings built on several levels, the minimum characteristics defined in the first paragraph concern all the levels which must, moreover, be connected by an adapted staircase.
2. For dwellings located on the ground floor, in floors served by an elevator or for which a later service by an elevator is planned from the construction, in accordance with the 3rd and 4th paragraphs of article R. 111-5:
These dwellings must, moreover, offer from their construction minimum characteristics, defined by order of the Minister in charge of construction, allowing a disabled person to use the kitchen or part of the studio fitted out as a kitchen, the living room, a bedroom or part of the studio converted into a bedroom, a toilet and a shower room. Some of the spaces necessary for use by a person in a wheelchair may be fitted out for other purposes, provided that simple work makes it possible to restore the possibility of use by a person in a wheelchair.
In the case of housing built on several levels, the level of access to housing must include at least the kitchen, the living room, a bedroom or part of the living room that can be converted into a bedroom, a toilet and a bathroom, these parts meeting the requirements set out in the previous paragraph.
In residential buildings whose construction has been the subject of a building permit application filed as of January 1, 2008, at least one access from a living room to any balcony, terrace or loggia located in these accommodations must be designed in such a way that the threshold and the doors allow, by simple arrangements, the passage of a person in a wheelchair.
In residential buildings whose construction has been the subject of a building permit application filed as of January 1, 2010, at least one bathroom must be designed and equipped in such a way as to allow simple, the subsequent installation of a shower accessible to a disabled person.
The minister in charge of construction and the minister in charge of disabled people determine the technical characteristics applicable to the fittings and equipment mentioned in this article.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007”.

Article R111-18-3

(Decree nº 80-637 of August 4, 1980 art. 3 Official Journal of August 10, 1980)
 

(Decree n ° 2006-555 of May 17, 2006 art. 1 Official Journal of May 18, 2006)

The representative of the State in the department may grant exemptions from those of the provisions of this sub-section which cannot be respected due to a technical impossibility resulting from the environment of the building and, in particular, the characteristics of the land. , the presence of existing constructions or constraints linked to the classification of the construction zone, in particular with regard to the flood prevention regulations.
It may also grant exemptions from the provisions of 2 of article R. 111-18-2 for housing programs intended for temporary or seasonal occupancy, the management and maintenance of which are ensured on a permanent basis, subject to the creation, in the same program, of a percentage of housing units offering minimum accessibility characteristics from construction. An order of the Minister responsible for construction and the Minister responsible for disabled people specifies the methods of application of this paragraph.
In all cases provided for in this article, the request for exemption is subject to the procedure provided for in II of article R. 111-19-16.

NOTE: Decree No. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.”

 
 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 2: Provisions applicable during the construction of single-family house

Article R111-18-4

(Decree nº 94-86 of January 26, 1994 art. 1, art. 2 Official Journal of February 28, 1994)
 

(Decree n ° 2006-555 of May 17, 2006 art. 2 Official Journal of May 18, 2006)

This sub-section is applicable to individual houses built to be rented or made available or to be sold, to the exclusion of those for which the owner has, directly or through a construction professional, undertaken the construction or rehabilitation for own use.

NOTE: Decree No. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.”

Article R111-18-5

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 2 Official Journal of May 18, 2006)

Single-family homes must be constructed and furnished in such a way as to be accessible to people with disabilities, regardless of their disability. The accessibility obligation concerns outdoor traffic, housing and, where applicable, a car parking space.
In the case of residential complexes comprising several grouped individual houses, the accessibility obligation also relates to the premises and collective facilities assigned to these groups.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.”

 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 2: Provisions applicable during the construction of

 

Article R111-18-6

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 2 Official Journal of May 18, 2006)

Any building or arrangement that allows a disabled inhabitant or visitor, with the greatest possible autonomy, to move about, access the premises and equipment, use the equipment, find their way around and find their way around is considered to be accessible to people with disabilities. communicate. Access conditions for disabled people must be the same as those for other audiences or, failing this, have an equivalent quality of use.
The minister in charge of construction and the minister in charge of disabled people set, by decree, the obligations that must be met by the buildings and arrangements to ensure the accessibility of these buildings and their surroundings with regard to exterior paths, the parking of vehicles, internal circulation of housing, minimum interior characteristics of housing according to the number of levels they include, allowing a disabled person to occupy them, as well as equipment and collective premises.
In single-family homes for which a building permit application has been submitted from January 1, 2008, when the balconies and terraces are located at the level of access to the accommodation, at least one access from a living room to these balconies and terraces must be such that the threshold and the doors allow, by simple arrangements, the passage of a person in a wheelchair.
In single-family homes that have been the subject of a building permit application filed on or after January 1, 2010, at least one bathroom must be equipped in such a way as to allow, through simple fittings, the subsequent installation of ‘a shower accessible to a disabled person.

NOTE: Decree no. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007”.

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 2: Provisions applicable during the construction of single-family houses

 

Article R111-18-7

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 2 Official Journal of May 18, 2006)

The representative of the State in the department may grant exemptions from those of the provisions of this sub-section which cannot be respected due to a technical impossibility resulting from the environment of the building, and in particular from the characteristics of the land, the presence of existing constructions or constraints related to the classification of the construction zone, in particular with regard to the flood prevention regulations.
The request for exemption is subject to the procedure provided for in II of article R. 111-19-16.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007”.

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 3: Provisions applicable to collective residential buildings when they are the subject of works and to existing buildings where housing is created by change of destination

 

Article R111-18-8

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 3 Official Journal of May 18, 2006)

Modification or extension work on a building or part of an existing collective housing building, within the meaning of article R. 111-18, and work to create housing in an existing building by change of destination are subject to the following provisions:
a) Work carried out inside existing volumes or surfaces playing a role in accessibility for people with disabilities must, at a minimum, maintain the existing accessibility conditions;
b) The parts of buildings corresponding to the creation of new surfaces or volumes in the common parts must comply with the provisions of article R. 111-18-1 and the parts of buildings corresponding to the creation of surfaces or volumes new housing must comply with the provisions of article R. 111-18-2;
c) Changes, excluding maintenance work, made to common and collective premises and their equipment playing a role in accessibility, the list of which is defined by order of the Minister responsible for construction, must comply with the provisions set out in article R. 111-18-1 relating to such traffic, premises and equipment. This decree defines the minor adaptations that can be made to the characteristics of these elements and equipment when the constraints related to the structure of the building so require;
d) Modifications, other than maintenance work, made to the landing or elevator car signage must make it possible to receive, by suitable means, information relating to the movements of the car, to the floors served and to the alarm system. The new elevators installed must have these means.

NOTE: Decree no. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring an application for a building permit come into force on January 1, 2007. ”

Article R111-18-9

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 3 Official Journal of May 18, 2006)

When, on the occasion of modification or extension work on a building or part of a collective dwelling building or on the occasion of work to create a building or part of a building by change of destination, the ratio of the cost of the work to the value of the building is greater than or equal to 80%, the architectural provisions and the fittings of the building must meet the following obligations:
a) All common parts of the building, exterior and interior, must comply with the provisions provided for in article R. 111-18-1 even if they are not the subject of work;
b) Private parking spaces and private cellars and cellars where work is carried out must comply with the provisions of article R. 111-18-1;
c) The accommodation where work is carried out must comply with the provisions of article R. 111-18-2.
For the application of the first paragraph of this article, the amount of the work decided or financed over the last two years and, to determine the value of the building, the product of the floor area are taken into account in calculating the cost of the work. net by a construction cost defined by order of the Minister responsible for construction.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007. ”

Article R111-18-10

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 3 Official Journal of May 18, 2006)

The representative of the State in the department may, at the request of the owner of the works, grant exemptions from those of the provisions of this sub-section which cannot be respected due to the characteristics of the building, for the reasons provided. in article R. 111-18-3 or in the light of an analysis report of the benefits and drawbacks resulting from the application of the provisions of articles R. 111-18-8 and R. 111-18-9, drawn up under the responsibility of the client and attached to the exemption request.
The representative of the State in the department may also grant exemptions from the provisions of this sub-section in the event of constraints related to the preservation of the architectural heritage when the planned work affects:
a) Either the exterior or, where applicable, interior parts of a residential building or part of a residential building classified as historical monuments in application of Articles L. 621-1 et seq. of the Heritage Code, listed as historical monuments in application of Articles L. 621-25 et seq. of the Heritage Code, or whose demolition, removal, modification or alteration are prohibited and whose modification is subject to special conditions in protected area, in application of article L. 313-1 of the town planning code, or on a building identified in application of the 7 ° of article L. 123-1 of the code oftown planning;
b) Either a residential building or part of a residential building located on the outskirts and in the field of vision of a classified or registered historical monument, in a zone of protection of the architectural, urban and landscape heritage or in a protected sector and that the works are likely to affect the quality of these protected areas.
In all cases, the representative of the State in the department takes his decision after consulting the commission mentioned in the first paragraph of I of article R. 111-19-16 or, by delegation of the departmental commission, the commission. district accessibility mentioned in the second paragraph of the same I. In the absence of a response from the commission within one month from the transmission of the request by the prefect, this opinion is deemed favorable.
In the absence of a response from the prefect within two months from the date on which he received the request, the requested exemption is deemed to be granted.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007. ”

 

Article R111-18-11

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 3 Official Journal of May 18, 2006)

When the exemption provided for in the first paragraph of article R. 111-18-10 concerns a provision the implementation of which would have had the effect of significantly improving the accessibility conditions of the building where a disabled person lives with regard to the nature of his handicap, the owner of the accommodation occupied by this person is required, at his request, to offer him a rehousing offer. This provision only applies when the owner owns more than 500 rental accommodation in the department.
The rehousing offer must correspond to the needs and possibilities of the person to be rehoused and comply with the requirements set out in Articles R. 111-18 to R. 111-18-2 or, failing this, provide the disabled person with a significant improvement. , in view of the nature of her handicap, the conditions of accessibility from which she would have benefited if the work mentioned in articles R. 111-18-8 and R. 111-18-9 had been carried out.
A disabled person within the meaning of this article is a person who benefits from one or more of the aids mentioned in article L. 241-6 of the code of social action and families or holds the mentioned disability card. in Article L. 241-3 of the same code.

NOTE: Decree no. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring an application for a building permit come into force on January 1, 2007. “

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 4: Provisions applicable during the construction or creation of establishments open to the public or installations open to the public

 

Article R111-19

(Decree nº 80-637 of August 4, 1980 art. 4 Official Journal of August 10, 1980)
(Decree nº 94-86 of January 26, 1994 art. 3 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

This sub-section is applicable during the construction or creation by change of destination, with or without works, of establishments open to the public and installations open to the public, with the exception of establishments of the fifth category created by change of destination to accommodate liberal professions defined by an order of the minister responsible for construction and the minister responsible for liberal professions.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-1

(Decree nº 94-86 of January 26, 1994 art. 3 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

Establishments open to the public defined in article R. 123-2 and facilities open to the public must be accessible to people with disabilities, regardless of their disability.
The accessibility obligation relates to the exterior and interior parts of establishments and installations and concerns circulation, part of car parking spaces, elevators, premises and their equipment.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”
 

Article R111-19-2

(Decree nº 94-86 of January 26, 1994 art. 3 Official Journal of January 28, 1994 in force on August 1, 1994)
 

(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

Any building or arrangement which, under normal operating conditions, allows disabled people, with the greatest possible autonomy, to move about, access the premises and equipment, use the equipment, identify, communicate and benefit from the services for which this establishment or installation was designed. Access conditions for disabled people must be the same as those for able-bodied people or, failing this, have an equivalent quality of use.
The minister in charge of construction and the minister in charge of disabled people set, by decree, the obligations that must be met by the buildings and arrangements to ensure the accessibility of these establishments and their surroundings with regard to external paths, the parking of vehicles, conditions of access and reception in buildings, horizontal and vertical interior movements inside buildings, interior rooms and toilets open to the public, interior doors and airlocks and exits, floor and wall coverings,as well as indoor and outdoor equipment and furniture likely to be installed there, in particular lighting and user information devices.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-3

(Decree nº 94-86 of January 26, 1994 art. 3 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

The minister in charge of construction, the minister in charge of people with disabilities and, where applicable, the minister or ministers concerned fix, by decree, the specific obligations that must be met, in order to ensure their accessibility, the establishments and installations receiving the seated public, establishments with accommodation premises open to the public, establishments and installations comprising showers, changing rooms, dressing rooms or undressing rooms and establishments and installations comprising payment boxes arranged in a row.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-4

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

Orders of the Minister responsible for construction and, as appropriate, the Minister for Sport and the Minister responsible for culture define, if necessary, additional features applicable to public public buildings or facilities following public:
a) sports arenas and outdoor establishments;
b) Establishments designed to offer the public a visual or sound service.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”
 

Article R111-19-5

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
 

(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

The ministers concerned and the minister in charge of construction set by joint decree the accessibility rules applicable to the following establishments receiving the public or installations open to the public:
a) Prison establishments;
b) Military establishments designated by decree of the Minister of the Interior and the Minister of Defense;
c) Administrative detention centers and police custody facilities;
d) Marquees, tents and structures, inflatable or not;
e) High-altitude hotel-restaurants and mountain refuges;
f) Floating establishments.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-6

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
 

(Decree n ° 2006-555 of May 17, 2006 art. 4 Official Journal of May 18, 2006)

In the event of technical impossibility resulting from the environment of the building, and in particular from the characteristics of the land, the presence of existing constructions or constraints linked to the classification of the construction zone, in particular with regard to the flood prevention regulations or, in the case of the creation of an establishment receiving the public or an installation open to the public in an existing building, due to difficulties linked to its characteristics or to the nature of the work carried out there, the Prefect may grant exceptions to those of the provisions of this sub-section which cannot be observed.
The representative of the State in the department may also grant exemptions from the provisions of this subsection for reasons related to the conservation of the architectural heritage in the event of the creation of an establishment receiving the public by change of destination in a building. or part of a building classified or registered as historical monuments.
The request for exemption is subject to the procedure provided for in II of article R. 111-19-16.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. “

 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 5: Provisions applicable to existing establishments open to the public or to existing installations open to the public

Article R111-19-7

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 5 Official Journal of May 18, 2006)

This sub-section is applicable to establishments open to the public and existing installations open to the public as well as to establishments open to the public of the 5th category created by change of destination to accommodate liberal professions defined by the interministerial decree provided for in the article R. 111-19.

NOTE: Decree no. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring an application for a building permit come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which relate to work or modifications relating to on an establishment receiving the public or relating to the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of the 1st January 2007. ”

Article R111-19-8

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 5 Official Journal of May 18, 2006)

I. – Modification or extension work carried out in establishments open to the public and existing installations open to the public must be such, when they are not accompanied by a change of destination, that:
a) S ‘they are carried out inside existing volumes or surfaces, they make it possible at least to maintain the existing accessibility conditions;
b) If they involve the construction of new surfaces or volumes, the parts of buildings thus created comply with the provisions of Articles R. 111-19-1 to R. 111-19-4.

II. – Establishments open to the public other than those in the 5th category within the meaning of article R. 123-19 must meet the following obligations:
a) Before January 1, 2015, they must comply with the provisions of articles R. 111-19 -2 and R. 111-19-3. The decree provided for in I of article R. 111-19-11 may provide for special conditions of application of the rules that it enacts, when the constraints related to the structure of the building so require;
b) Before January 1, 2015, the parts of the building where modification work is carried out without change of destination must comply with the provisions of Articles R. 111-19-2 and R. 111-19-3;
c) As of January 1, 2015, the parts of the building where modification work is carried out without change of destination must comply with the provisions of Articles R. 111-19-1 to R. 111-19-4.

III. – The existing establishments receiving the public classified in 5th category, those created by change of destination to accommodate liberal professions defined by the ministerial decree provided for in article R. 111-19, as well as the existing installations open to the public must satisfy the following obligations:
a) Before 1 January 2015, part of the building or installation must provide, in compliance with the provisions mentioned in a of II, all the services for which the establishment or installation is designed.
New establishments created by change of destination to accommodate liberal professions defined by the ministerial order provided for in article R. 111-19 must meet the obligations set out in the previous paragraph before January 1, 2011.
The part of the building in question must be as close as possible to the main entrance or one of the main entrances and must be served by the usual route.
Part of the benefits can be provided by alternative measures.
b) From 1 January 2015, the parts of the building or installation where modification work is carried out without change of destination must comply with the provisions mentioned in a of II.

IV. – Establishments open to the public that are part of underground rail transport and guided transport networks are not subject to the provisions of II and III above, provided that they comply with the conditions set out in the sixth paragraph of the article 45 of law n ° 2005-102 of February 11, 2005.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-9

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
(Decree n ° 2006-555 of May 17, 2006 art. 5 Official Journal of May 18, 2006)

By January 1, 2011 at the latest, existing establishments open to the public, classified in the first four categories within the meaning of article R. 123-19, must have been the subject, at the initiative of the administration concerned or of the operator, a diagnosis of their accessibility conditions. This diagnosis analyzes the situation of the establishment or installation with regard to the obligations defined by this sub-section, describes the work necessary to comply with those which must be fulfilled before January 1, 2015 and establishes an assessment of the cost of these works.
The diagnosis is made available to any user of the establishment or installation.
The master plan for the accessibility of transport services provided for in article 45 of law n ° 2005-102 of 11 February 2005 constitutes a diagnosis within the meaning of this article.

NOTE: Decree no. 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring an application for a building permit come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of articles 4 to 8 concerning work or modifications relating to on an establishment receiving the public or relating to the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of the 1st January 2007.
The provisions of Articles 10 and 11 come into force on January 1, 2007. ”

Article R111-19-10

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994
 

(Decree n ° 2006-555 of May 17, 2006 art. 5 Official Journal of May 18, 2006)

In addition to the exemptions that may be granted for the reasons mentioned in article R. 111-19-6, the State representative in the department may grant exemptions from the provisions of this sub-section, when the work of accessibility provided for in Articles R. 111-19-8 and R. 111-19-9 are likely to have excessive consequences on the establishment’s activity.
The representative of the State in the department may also grant exemptions from the provisions of this sub-section in the event of constraints related to the conservation of the architectural heritage when the work must be carried out:
a) Outside and, where applicable, inside an establishment open to the public classified as historical monuments in application of Articles L. 621-1 et seq. of the Heritage Code, listed as monuments historic in application of Articles L. 621-25 et seq. of the Heritage Code or whose demolition, removal, modification or alteration are prohibited and whose modification is subject to special conditions in a protected area, in application of Article L. 313-1 of the Town Planning Code, or on a building identified in application of 7 ° of Article L. 123-1 of the Town Planning Code;
b) On an establishment open to the public located on the outskirts and in the field of view of a classified or registered historic monument, in an architectural, urban and landscape heritage protection zone or in a protected sector and which these works are likely to carry damage to the quality of these protected areas.
In the event that the establishment fulfills a public service mission, the State representative in the department can only grant an exemption if a replacement measure is planned.
In all cases, the representative of the State in the department makes a decision in accordance with the procedures provided for in III of article R. 111-19-16.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-11

(Decree nº 94-86 of January 26, 1994 art. 4 Official Journal of January 28, 1994 in force on August 1, 1994)
 

(Decree n ° 2006-555 of May 17, 2006 art. 5 Official Journal of May 18, 2006)

I. – A decree from the minister responsible for construction, the minister responsible for disabled people and, where applicable, the minister (s) concerned determines the technical conditions for the application of articles R. 111-19-7 to R. 111- 19-10.
II. – Decrees of the minister responsible for construction and, as the case may be, the minister responsible for sports or the minister responsible for culture define, if necessary, the additional characteristics applicable to the following establishments open to the public or installations open to the public:
a) Sports grounds and outdoor establishments;
b) Establishments designed to offer the public a visual or sound service.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-12

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 5 Official Journal of May 18, 2006)

The ministers concerned and the minister in charge of construction set by joint decree the accessibility rules applicable to the following establishments receiving the public or installations open to the public:
a) Prison establishments;
b) Military establishments designated by decree of the Minister of the Interior and the Minister of Defense;
c) Administrative detention centers and police custody facilities;
d) Marquees, tents and structures, inflatable or not;
e) High-altitude hotel-restaurants and mountain refuges;
f) Floating establishments.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work not requiring a building permit application come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. “

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 6: Issuance of the work authorization provided for in article L. 111-8-1

Article R111-19-13

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 6 Official Journal of May 18, 2006)

The authorization provided for in Article L. 111-8-1 can only be issued if the planned work complies either with the provisions of subsection 4 if it concerns the construction or creation of an establishment open to the public or a facility open to the public, either in accordance with the provisions of sub-section 5 in the case of the fitting out or modification of a facility open to the public or an establishment open to the public existing audience.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided,
The provisions of article 3 concerning work not requiring an application for a building permit come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which relate to work or modifications relating to on an establishment receiving the public or relating to the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of the 1st January 2007. ”

Article R111-19-14

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 6 Official Journal of May 18, 2006)

The authorization request file is drawn up in triplicate and must include the plans and documents necessary for the competent authority to ensure that the work project complies with the accessibility rules mentioned in subsection 4 or in subsection 5. Where applicable, the file includes the request for exemption from these rules, accompanied by the necessary supporting documents and, in the case mentioned in the penultimate paragraph of article R. 111-19-10 , a proposal for an alternative measure.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided, the provisions of articles 1 to 5 and 9 of this decree are applicable to building permit applications filed as of January 1, 2007.
The provisions of article 3 concerning work that does not require a permit application to build come into force on January 1, 2007.
Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in the article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”
 

Article R111-19-15

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 6 Official Journal of May 18, 2006)

When the planned work is also subject to the building permit provided for in article L. 421-1 of the town planning code, the building permit application includes the plans and documents mentioned in article R. 111-19- 14. In this case, it takes the place of the work authorization request provided for in Article L. 111-8-1.
When the planned work is not subject to a building permit, the request includes, for establishments open to the public, in addition to the plans and documents provided for in article R. 111-19-14, the documents and information mentioned in articles R. 123-24 and R. 123-25.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-16

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 6 Official Journal of May 18, 2006)

I. – The competent authority sends a copy of the request to the departmental advisory commission on safety and accessibility or to the departmental security commission for Paris, Hauts-de-Seine, Seine-Saint-Denis and Val -de-Marne, in order to obtain its opinion. If this opinion is not given within one month, it is deemed favorable.
When there are district, inter-municipal or municipal safety committees created in application of article R. 123-38, the prefect may create, after consulting the departmental safety and accessibility advisory committee, or the departmental safety commission for Paris, Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne, district, inter-municipal or municipal accessibility committees with the same territorial powers and responsible for giving a opinion, by delegation of the departmental committees, on authorization requests relating to the same categories of establishments open to the public. For the study of these requests,

II. – In the cases provided for in article R. 111-19-6, the competent authority transmits a copy of the request to the prefect who informs him of his reasoned decision after having consulted, as the case may be, the commission mentioned in the first paragraph of I or, by delegation of the departmental commission, the district accessibility commission mentioned in the second paragraph of I. In the absence of a response from the commission within one month from the transmission of the request by the prefect, this opinion is deemed favorable.
In the absence of a response from the prefect within two months from the date on which he received the request, the requested exemption is deemed to be granted.

III. – In the cases provided for in article R. 111-19-10, the competent authority sends a copy of the request to the prefect, who informs him of his reasoned decision on the assent of the committee mentioned in the first paragraph of I or , by delegation of the departmental commission, of the district accessibility commission referred to in the second paragraph of I.
In the absence of a response from the commission within one month from the transmission of the request by the prefect, this opinion is deemed favorable. In the absence of a response from the prefect within two months from the date on which he received the request, the requested exemption is deemed to be granted.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which concern the works or the modifications relating to an establishment receiving the public or which concern the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of January 1, 2007. ”

Article R111-19-17

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 6 Official Journal of May 18, 2006)

The work authorization provided for in article L. 111-8-1 is issued in the name of the State.
However, when the planned work is subject to the building permit provided for in Article L. 421-1 of the Town Planning Code, the authority competent to issue on behalf of the State the work authorization provided for in the article L. 111-8-1 is the competent authority to issue the building permit.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

Article R111-19-18

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 6 Official Journal of May 18, 2006)
   When the planned work is not subject to the building permit provided for in article L. 421-1 of the town planning code, the work authorization provided for in article L. 111-8-1 is issued by the mayor on behalf of the State within three months from the submission of a complete file. In this case, a single authorization is issued by this authority under Articles L. 111-8-1 and R. 123-23.
In the absence of notification to the applicant of an express decision from the mayor within three months from the filing of a complete file, the work authorization is considered granted and the planned work can be undertaken in accordance with the submitted project.
If the file is incomplete, the mayor invites the applicant, by registered letter with acknowledgment of receipt and within one month of receipt of the request, to provide additional documents. The three-month investigation period begins to run, in this case, from the receipt of the documents supplementing the file.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. “

 
 
 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 7: Issuance of the opening authorization provided for in article L. 111-8-3

 

Article R111-19-19

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 7 Official Journal of May 18, 2006)

Before any opening of an establishment open to the public, with the exception of establishments for which the certificate provided for in article R. 111-19-21 must be provided and 5th category establishments within the meaning of article R . 123-19 not having accommodation facilities for the public, a reception visit is carried out by the competent committee mentioned in article R. 111-19-16, intended to certify the compliance of the works with the work authorization provided for in article L. 111-8-1. When a district, municipal or inter-municipal accessibility commission has received jurisdiction pursuant to article R. 111-19-16,

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which concern the works or the modifications relating to an establishment receiving the public or which concern the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of January 1, 2007. ”

Article R111-19-20

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 7 Official Journal of May 18, 2006)

The authorization to open an establishment open to the public provided for in article L. 111-8-3 is issued in the name of the State under the same conditions of competence as those defined in articles R. 111-19- 17 and R. 111-19-18.
It is issued:
– for establishments subject to the provision of the certificate referred to in article R. 111-19-21, in view of this certificate;
– for other establishments, after consulting the competent committee mentioned in article R. 111-19-16.
The opening authorization is notified directly to the operator by registered letter with request for acknowledgment of receipt by post. An amplification of this decision is sent to the prefect, when he is not the competent authority to rule.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”

 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 8: Certificate provided for in article L. 111-7-4

Article R111-19-21

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 8 Official Journal of May 18, 2006)

At the end of the work mentioned in subsections 1 to 5 and subject to the building permit provided for in Article L. 421-1 of the Town Planning Code, with the exception of those undertaken by people building or improving accommodation for their own use referred to in article R. 111-18-5, the contracting authority has a person of his choice who meets the conditions set out in article R. 111-19-22 establish a certificate stating that the work carried out complies with the applicable accessibility rules, taking into account, where applicable, any exemptions granted.
The contracting authority sends the certificate to the authority which issued the building permit and to the mayor within thirty days from the date of completion of the work.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which concern the works or the modifications relating to an establishment receiving the public or which concern the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of January 1, 2007. ”
 

Article R111-19-22

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 8 Official Journal of May 18, 2006)

The person who establishes the certificate provided for in article R. 111-19-21 must be:
a) Either a technical inspector within the meaning of article L. 111-23, holder of an authorization authorizing him to intervene on buildings;
b) Or an architect subject to article 2 of law n ° 77-2 of 3 January 1977 on architecture, who cannot be the one who signed the building permit application.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of Articles 4 to 8 which relate to work or modifications relating to an establishment open to the public or which relate to the creation of such an establishment shall apply to the authorization requests provided for in article L. 111-8-1 of the construction and housing code filed as of January 1, 2007. ”
 

Article R111-19-23

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 8 Official Journal of May 18, 2006)

The fact that a person draws up a certificate referred to in article R. 111-19-21 in disregard of the conditions set in article R. 111-19 is punishable by a fine provided for in the 5th class contraventions. -22.
The person who has committed this offense also incurs the additional penalty of posting or broadcasting, by the written press or by any audiovisual means of communication, of the decision pronounced, under the conditions provided for in articles 131-35 and 131-48 of the Penal Code.
The repeat offense is punished in accordance with the provisions of article 132-11 of the penal code.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which concern the works or the modifications relating to an establishment receiving the public or which concern the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of January 1, 2007. ”

Article R111-19-24

(inserted by Decree n ° 2006-555 of May 17, 2006 art. 8 Official Journal of May 18, 2006)

An order of the Minister in charge of construction determines the modalities of application of this sub-section.

NOTE: Decree n ° 2006-555 of May 17, 2006, article 13:
“Unless otherwise provided for in these articles, the provisions of articles 4 to 8 which concern the works or the modifications relating to an establishment receiving the public or which concern the creation of such an establishment are applicable to the authorization requests provided for in Article L. 111-8-1 of the Construction and Housing Code filed as of January 1, 2007. “

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)

Section 4: Thermal characteristics and energy performance

 

Article R111-20

(Decree nº 88-355 of April 12, 1988 art. 1 Official Journal of April 15, 1988)
(Decree nº 2000-1153 of November 29, 2000 art. 2 Official Journal of November 30, 2000)
(Decree n ° 2006-592 of May 24, 2006 art. 1 Official Journal of May 25, 2006)

I. – New buildings and new parts of buildings must be constructed and fitted out in such a way that they meet minimum thermal characteristics as well as the following conditions:
1 ° The conventional energy consumption of a building for heating, ventilation, air conditioning, domestic hot water production and lighting of the premises must be less than or equal to the conventional reference energy consumption of this building and, for certain types of buildings, at maximum consumption;
2 ° For certain types of buildings, the conventional interior temperature reached in summer must be less than or equal to the conventional interior reference temperature.

II. – An order from the Minister responsible for energy and the Minister responsible for construction and fixed housing, depending on the categories of buildings:
1 ° The minimum thermal characteristics;
2 ° The method of calculating the conventional energy consumption of a building;
3 ° Buildings for which the conventional energy consumption must not exceed a maximum consumption;
4 ° For the buildings referred to in 3 °, the value of the maximum consumption;
5 ° Buildings for which the conventional interior temperature reached in summer must not be higher than a conventional interior reference temperature;
6 ° For buildings referred to in 5 °, the method for calculating the conventional interior temperature reached in summer;
7 ° The reference thermal characteristics for the calculation of the conventional reference energy consumption and the conventional internal reference temperature reached in summer;
8 ° The specific conditions for evaluating the thermal performance of construction systems or projects for which, due to their specificity, the thermal characteristics, minimum or reference, or the calculation methods are not applicable;
9 ° The conditions for the approval of the technical construction, development and equipment processes and solutions allowing the conditions defined in I to be regarded as fulfilled;
10 ° The methods of transmission of the data used for these calculations and communicated at their request to the authorized persons referred to in Article L. 151-1.

III. – A decree from the Minister in charge of energy and the Minister in charge of construction and housing determines the conditions for granting a building the “high energy performance” label.
IV. – The provisions of this article do not apply to buildings and parts of buildings for which the normal temperature of use is less than or equal to 12 ºC and to temporary constructions intended for a period of use of less than two years.

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Section 5 : Acoustic characteristics

 

Article R111-23-1

(inserted by Decree nº 95-20 of January 9, 1995 art. 1 Official Journal of January 10, 1995)

The provisions of this section apply to new buildings and new parts of existing buildings belonging to any educational, health, care, social action, leisure and sports establishment as well as to hotels and establishments. ‘tourist accommodation.
 

Article R111-23-2

(inserted by Decree nº 95-20 of January 9, 1995 art. 1 Official Journal of January 10, 1995)

The buildings to which the provisions of this section apply are constructed and fitted out in such a way that noise inside the premises is limited, by sound insulation vis-à-vis the outside and between premises, by the research into sound absorption conditions and by limiting the noise generated by building equipment.
Joint decrees of the ministers responsible for construction, the environment, the interior and, as the case may be, other interested ministries, taken after consultation with the National Noise Council, set, for the different categories of premises and in function of their use, the thresholds and the technical requirements, applicable to construction and development, allowing the objectives defined in paragraph 1 of this article to be achieved.
 

Article R111-23-3

(inserted by Decree nº 95-20 of January 9, 1995 art. 1 I Official Journal of January 10, 1995)

The decrees provided for in the preceding article may set their date of entry into force, which may not exceed the date of their publication by one year. They apply to the construction projects of the buildings mentioned in article R. 111-23-1 which are the subject of a building permit application, a building permit extension application or the declaration. provided for in Article L. 422-2 of the Town Planning Code.
 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 1: Declarations of opening of construction sites prior to January 1, 1979

 

Article R111-24

(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

For the application of Articles 1792 and 2270 of the Civil Code, in their drafting prior to the entry into force of Law no. 78-12 of January 4, 1978, for the construction of buildings for residential use or similar characteristics, acceptance of the work constitutes, for those for which no reservation is made, the starting point of the guarantee provided for by these articles.
For work which is the subject of reservations, the warranty runs from the day when it is noted that the execution of the work satisfies these reservations.
 

Article R111-25

(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

For the application of Articles 1792 and 2270 of the Civil Code, in their drafting prior to the entry into force of Law no. 78-12 of January 4, 1978, to the construction of buildings for residential use or of similar characteristics, large and small works are defined according to the following provisions.

Article R111-26

(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The major works are:
a) The load-bearing elements contributing to the stability or solidity of the building and all other elements which are integrated into them or form an integral part with them;
b) The elements which ensure the enclosure, the cover and the waterproofing to the exclusion of their moving parts.
These items include in particular:
– wall coverings, excluding paint and wallpaper;
– stairs and floors as well as their covering in hard material;
– ceilings and fixed partitions;
– portions of pipes, pipes, conduits and ducts of any kind housed inside walls, ceilings or floors, or taken in the mass of the coating, excluding those which are only sealed;
– the fixed frames of elevators and freight elevators;
– the frames and frames of the doors, windows and canopies.

Article R111-27

(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The minor works are the elements of the building other than the major works, shaped, manufactured or installed by the contractor.
These elements include in particular:
– pipes, radiators, pipes, conduits,
sheaths and coatings of all kinds other than those constituting major works;
– the movable elements necessary for the enclosure and the cover such as doors, windows, shutters and shutters.
 

Article R111-28

(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

Mechanical or electrical devices that the contractor installs in the state in which they are delivered to him are not considered as works.
 
 
 
 
 

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)
 

Sub-section 1: Approval of technical inspectors

Article R111-29

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The approval of technical inspectors provided for in Article L. 111-25 is issued by the Minister responsible for construction, for a maximum period of five years. The decision is taken on the reasoned opinion of the approval commission which hears the interested party.
The approval is renewable under the same conditions.
 

Article R111-30

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The approval decision specifies the category or categories of construction of works or equipment on which the technical inspector is authorized to intervene depending on the nature or the importance of the hazards involved in their design or execution.

Article R111-31

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
 

(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

Approved persons and bodies, the directors or managers and the management staff of these bodies, as well as the staff called upon for inspections, must act impartially and have no ties of such a nature as to undermine their independence. with people, organizations, companies or companies which carry out an activity of design, execution or expertise in the field of construction.
 

Article R111-32

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

Applications for the granting, modification or renewal of accreditation must be accompanied by a file containing the following information:
1. The surname, first names, nationality and domicile of the applicant or, if the request comes from a legal person, its nature, registered office, nationality, purpose and the surname, first names, nationality and domicile of each of the directors and members of the management staff;
2. The justification of the theoretical competence and the practical experience of the management staff, the internal organization of the technical management, the rules of assistance to the operational services actually responsible for control and the criteria for hiring or hiring.
3. The applicant’s commitment to comply with the requirements of article R. 111-31;
4. The applicant’s commitment to bring to the attention of the administration without delay any modification of the information contained in the application file;
5. Where applicable, the list of administrative approvals from which the applicant benefits in the field of construction and the reference of the technical control missions that he has previously carried out;
6. The scope of the accreditation requested.

Article R111-33

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The approval is modified or withdrawn when the inspector no longer fulfills the technical qualification conditions noted when it was granted.
In the event of serious professional misconduct or breach of professional morals, in particular the incompatibility rules mentioned in article L. 111-25 and the obligations provided for in article R. 111-31, the approval may be withdrawn. temporarily for a maximum of six months or permanently.
The decision to modify or withdraw approval is taken by the Minister responsible for construction on the reasoned opinion of the approval commission. The Minister must, before seizing the commission, put the technical controller in a position to present his observations. The committee hears the person concerned before giving its opinion.

Article R111-34

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The approval commission is chaired by a member of the General Council of Bridges and Roads; it includes:
Two representatives of the minister responsible for construction;
A representative of the Minister of the Interior;
A representative of the Minister responsible for the economy;
A representative of the minister responsible for education;
A representative of the Minister responsible for industry;
A representative of the minister in charge of labor;
A representative of insurance companies covering construction risks;
Two representatives of public and private contracting authorities;
Five representatives of the professions involved in the act of construction, including one representative of technical inspectors;
A substitute is appointed for the chairman and each member of the committee.
The president, the full members and their substitutes are appointed for three years; their mandate is renewable. Their designation is made by the minister responsible for construction;
As regards the representatives of the administration, on the proposal of the ministers concerned;
With regard to the representatives of insurance companies, building owners and professions, on the lists proposed by the most representative national organizations and the national council of the order of architects and after advice from the competent ministers.

Article R111-35

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The chairman may call on the committee
the experts and technicians whose consultation he deems useful.
The rapporteurs to the committee have an advisory capacity; they are appointed by the minister responsible for construction;
they can receive vacancies, the amount and conditions of which are set by interministerial decree.
The secretariat of the commission is provided by the ministry in charge of construction.
The internal regulations of the commission are approved by the minister responsible for construction.
 

Article R111-36

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The decisions of approval, modification, renewal and withdrawal of approval are notified to the interested parties and published in the Official Journal of the French Republic.
 

Article R111-37

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The approval given in application of articles R. 122-16 and R. 123-43 is equivalent to approval as a technical inspector under this section with regard to the safety of people against the risks of fire and panic in buildings. high rise and in establishments open to the public.

CONSTRUCTION AND HOUSING CODE
(Regulatory Part – Decrees of the Council of State)

Sub-section 2: Compulsory technical inspection

 

Article R111-38

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)
(Decree n ° 2002-244 of February 20, 2002 art. 1 Official Journal of February 23, 2002)
(Decree nº 2005-1005 of August 23, 2005 art. 1 Official Journal of August 25, 2005)

Construction operations having as their object the achievement of:
1 ° Establishments open to the public, within the meaning of Article R. 123-2, classified in the 1st , 2nd, 3rd and 4th categories referred to in article R. 123-19;
2 ° Buildings whose lower floor on the last level is located more than 28 meters from the highest ground level usable by public emergency and fire-fighting service vehicles;
3 ° Buildings, other than for industrial use:
Having cantilevered elements with a span greater than 20 meters or beams or arches with a span greater than 40 meters, or
Containing, in relation to the natural soil, parts buried deeper than 15 meters, or foundations deeper than 30 meters, or
Requiring underpinning or supporting work on neighboring structures, at a greater height at 5 meters;
4 ° When they are located in the zones of seismicity II and III delimited by the appendix to decree n ° 91-461 of May 14, 1991, buildings whose low floor of the last level is located more than 8 meters from the level of the ground ;
5 ° When they are located in the seismicity zones I a, I b, II and III delimited by the appendix to decree n ° 91-461 of 14 May 1991, buildings belonging to class C within the meaning of said decree and establishments health, when they are not already subject to it under another provision of this article.

NOTE: Decree No. 2005-1005, art. 2: “The provisions of this decree are applicable to buildings which are the subject of a building permit application filed from the first day of the seventh month following its publication.”

Article R111-39

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The compulsory technical inspection covers the solidity of the viability, foundation, framework, enclosure and cover works and the equipment items that are inseparably linked with these works, as well as the safety conditions for people in the areas. constructions.
At the request of the contracting authority or his representative, the technical control may also relate to all other elements of the construction the construction of which is likely to present specific technical hazards against which the contracting authority considers useful to guard against.

Article R111-40

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

During the design phase, the technical controller critically examines all the technical provisions of the project.
During the period of execution of the works, he ensures in particular that the technical verifications which are the responsibility of each of the builders listed in article 1792-1 (1º) of the civil code are carried out satisfactorily.
 

Article R111-41

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

If the client or his representative calls on several technical inspectors, he appoints one of them to coordinate all the inspection missions.
 

Article R111-42

(Decree n ° 78-1146 of December 7, 1978 art. 2 Official Journal of December 9, 1978
(Decree nº 85-956 of September 11, 1985 art. 1, art. 2, art. 3 Official Journal of September 12, 1985 in force on October 1)
(Decree nº 89-989 of December 29, 1989 art. 1 Official Journal of December 31, 1989 in force on January 1, 1990)
(Decree nº 93-726 of March 29, 1993 art. 2 Official Journal of March 30, 1993 in force on March 1, 1994)
(Decree nº 95-20 of January 9, 1995 art. 1 II Official Journal of January 10, 1995)

The client or his agent who has undertaken or continued work without having carried out the technical control will be punished with the penalty of fine provided for the 5th class contraventions if this one is obligatory.
In the event of a repeat offense, the fine will be that provided for the 5th class contraventions in recidivism.

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