The Two Routes: An Overview
French outdoor advertising law routes installations through one of two administrative channels before a device may lawfully be put in place. The channel depends on the device type, not on the operator's preference:
- Standard route for most advertising devices and pre-signs
- Cerfa n° 14799-01 — two copies to the mayor
- Operator may proceed under own responsibility from date of receipt
- No waiting period before installation — but declare first
- Applies to both private land and the public domain
- Replacement and modification of bâches — declaration only
What Requires a Prior Declaration
Unless the operation is subject to prior authorisation, the following operations must be preceded by a prior declaration addressed to the mayor (Art. R 581-6, al. 1 to 3 of the Code de l'environnement):
- The installation, replacement, or modification of any device or support carrying advertising
- The installation, replacement, or modification of pre-signs whose dimensions exceed 1 metre in height or 1.50 metres in width
- The replacement or modification of bâches carrying advertising — whether construction site covers or advertising wraps. Note that the initial installation of a bâche requires authorisation, not merely a declaration; the declaration route only applies to subsequent replacement and modification (Art. R 581-6, al. 4, as amended by Decree 2023-1409 of 29 December 2023)
The declaration obligation applies whether the device is on private land or on the public domain. It does not matter that the public domain belongs to a public authority — the declaration must still be made before installation on a road-side pole, bus shelter, or other public domain support.
The Precise Meaning of Installation, Replacement, and Modification
The 1997 circular, whose definitions were carried forward by the ministerial guide of 9 May 2014, clarifies these three operative terms:
- Installation means the installation of any new device or material, whether wall-mounted or portable
- Replacement is the removal of an existing installation followed by the mounting of a new one. The complete replacement of a portable display or of an advertising support on street furniture — even if replaced by another of exactly the same dimensions — constitutes replacement and triggers the declaration requirement. However, the partial replacement of one worn section of a panel (without total dismounting) does not
- Modification covers any transformation affecting the external appearance, orientation, dimensions, or characteristics of the installation. Examples include: replacing a single-post panel with a double-post panel; installing a cassette of different dimensions on an existing structure; adding a metal walkway to facilitate panel servicing (Cass. crim., 5 October 2004, n° 03-85.351)
The declaration must be filed before the installation of the device. A declaration submitted after the installation has taken place has no effect on the sanctions incurred for unlawful installation — the fact that the declaration was eventually made does not retrospectively regularise the device (CAA Marseille, 21 April 2016, n° 14MA04893). The sequence is mandatory: declare first, install after.
Content of the Prior Declaration
The declaration must be submitted on the official form Cerfa n° 14799-01, available from town halls, departmental territorial directorates, and the websites www.service-public.fr and www.developpement-durable.gouv.fr (Arrêté of 31 August 2012, DEVL1233143A). The dossier must be submitted in two copies.
The technical dossier enables verification, by documentary review, of the projected installation's compliance with the applicable rules (Art. R 581-7). The specific content varies depending on whether the device will be on private land or on the public domain.
Two Points on What the Declaration Does Not Require
The circulaire of 26 May 1997 confirms two points that simplify the declarant's burden:
- The declarant is not required to produce the consent of the landowner when filing the declaration. The declaration is an administrative notification, not a proof of proprietary authority
- Exception for airport installations: a declaration for advertising on airport grounds must be accompanied by the agreement of the airport manager and by documents establishing that the installation complies with the applicable safety rules on the airport site (Art. R 581-14)
Effects of the Declaration
From the date of receipt of the declaration by the competent authority (Art. R 581-8, al. 4):
- The declarant may proceed with the projected installation under their own responsibility
- The competent administrative authority assesses the regularity of the projected installation and, if necessary, initiates the specific sanction procedure
The declaration does not result in administrative approval. It is a notification, not a licence. The authority does not issue a positive decision permitting installation — it may, however, intervene to object if the installation would be non-compliant.
What Requires a Prior Authorisation
Prior authorisation from the mayor is required for the initial installation of certain device types (Arts. L 581-9, L 581-10, and L 581-44 of the Code de l'environnement, via Art. R 581-9). The principal cases are:
- All illuminated advertising (other than advertising illuminated by projection or transparency, which follows the declaration route for administrative procedure)
- Illuminated enseignes (shop signs with a dedicated light source)
- Initial installation of any bâche — whether a construction site cover or an advertising wrap
- Exceptional-size devices (dispositifs de dimensions exceptionnelles) linked to temporary events
- Any enseigne in a protected site (protected locations under Arts. L 581-4 and L 581-8)
- Laser-beam enseignes
In the standard case, the authorisation is granted or refused by the mayor in the name of the commune (Art. L 581-21, al. 1).
Since 1 January 2024, the declaration may, under certain conditions, be addressed to the president of the EPCI to which the commune belongs rather than to the mayor (Art. L 581-3-1, cross-referencing CGCT Art. L 5211-9-2, I-A-al. 6). The same applies to authorisation applications for illuminated advertising. This option reflects the progressive alignment of advertising policing with intercommunal governance structures.
Submission of the Authorisation Application
The authorisation application and its accompanying dossier are submitted in three copies by registered letter with acknowledgement of receipt, or deposited against a receipt, to the mayor of the commune where the installation is planned (Art. R 581-9, al. 3, as amended by Decree 2023-1409 of 29 December 2023). Electronic submission is also permitted following the rules applicable to administrative communications (Art. R 581-9, al. 5 as amended, cross-referencing CRPA Arts. L 112-7 to R 112-20).
The official form is Cerfa n° 14798-01, available from town halls, departmental territorial directorates, and the websites www.service-public.fr and www.developpement-durable.gouv.fr (Arrêté of 31 August 2012, DEVL1233143A).
How the Authority Processes the Application
Within one month of receiving the authorisation application, the applicant will receive one of two responses (Art. R 581-10, as amended by Decree 2023-1409 of 29 December 2023):
Application received by the authority
Clock starts. Application is assessed for completeness.
Receipt or incompleteness notice issued
If complete: applicant receives a receipt stating the date by which tacit authorisation will be acquired. If incomplete: applicant receives a letter listing all missing documents and a 2-month window to provide them (failing which the application is tacitly rejected).
Authority transmits dossier to consulted services
Within 8 days of receiving a complete dossier (4 days for the departmental commission on nature, landscapes, and sites), the authority transmits it to any service or authority whose opinion is required.
Standard response deadline
The authority must notify an express decision within 2 months of receiving a complete dossier. Opinions from consulted services are deemed favourable if not communicated 7 days (departmental commission) or 15 days (other services) before this deadline.
Tacit authorisation (silence = yes)
If no express decision is notified within the 2-month window, the authorisation is deemed granted in the terms of the application. The mayor is then divested of authority and cannot legally revisit the authorisation. 4-month window applies for enseignes on listed monuments or in classified sites.
Tacit Authorisation and Its Consequences
If no express decision is notified to the applicant by the end of the two-month window from receipt of a complete application, the authorisation is deemed granted in the terms applied for (Art. R 581-13, al. 2). The receipt issued to the applicant specifies the exact date on which this tacit authorisation will be acquired.
Once the tacit authorisation period has passed, the mayor is divested of authority: the mayor can no longer legally revisit or revoke the authorisation (CE, 29 March 1996, n° 157678). The tacit authorisation has the same legal effect as an express one.
The four-month extended response period applies to applications for enseignes on buildings protected as listed monuments or in classified sites (Art. L 581-21, al. 3). In these situations, the additional time reflects the involvement of heritage authorities in the assessment.
Grounds for Refusal
The authorisation application is assessed against criteria set out in Articles R 581-11 and R 581-15 to R 581-21-1, which vary by device type. A refusal of authorisation must be reasoned (Art. L 581-21, al. 1). The grounds for refusal may go beyond mere non-compliance with the technical regulations — they may also be based on the protection of the surrounding living environment.
However, one thing the authority cannot do is refuse on the basis of the content of the message to be displayed: a prior review of advertising content would infringe the freedom of expression guaranteed by the 1789 Declaration of the Rights of Man (Cons. const., 23 November 2012, n° 2012-282 QPC).
The administrative courts have confirmed two specific grounds that cannot lawfully justify a refusal of enseigne authorisation: (1) the fact that the majority of co-owners in a co-ownership building have not given their agreement to the project — the advertising authorisation and the co-ownership rules are separate legal regimes (CAA Marseille, 18 April 2017, n° 15MA01864); and (2) the fact that the mayor has issued an opposition to a prior declaration of works submitted by the same applicant — the two procedures are independent and the outcome of one cannot determine the other (same decision).
Incomplete Applications: Procedure and Consequences
An application that is incomplete when received triggers a specific procedure. Within one month of receipt, the authority must send the applicant a notice listing all missing information and documents and asking them to supply these items within two months (Art. R 581-10). Failure to complete the dossier within that two-month period results in tacit rejection of the application.
An incomplete application cannot be refused without first informing the applicant of the missing elements and giving them the opportunity to supply them (CAA Nancy, 18 May 2017, n° 16NC00986). A refusal issued without this prior notice is unlawful. Once the dossier is completed, the two-month authorisation window runs from the date of receipt of the last required document.
Declaration vs. Authorisation at a Glance
| Feature | Déclaration préalable | Autorisation préalable |
|---|---|---|
| Standard devices covered | Non-luminous advertising panels and pre-signs (installation, replacement, modification); replacement/modification of bâches | Illuminated advertising; illuminated enseignes; bâches (initial installation); exceptional-size devices; enseignes in protected sites; laser enseignes |
| Official form | Cerfa n° 14799-01 | Cerfa n° 14798-01 |
| Number of copies | 2 | 3 |
| Submitted to | Mayor (or EPCI president since 1 January 2024) | Mayor (or EPCI president since 1 January 2024) |
| Electronic submission | Yes — Art. R 581-8, al. 3 | Yes — Art. R 581-9, al. 5 |
| When may installation begin? | From the date of receipt of the declaration — under own responsibility | Only after express authorisation, or after the tacit authorisation window has passed |
| Standard response window | No formal response window — authority may object | 2 months from complete application (4 months for listed monuments/classified sites) |
| Silence of the authority | No deemed approval — authority may still object and initiate sanctions | Deemed authorisation in the terms of the application |
| Applies to private land? | Yes | Yes |
| Applies to public domain? | Yes | Yes |
| Landowner consent required? | No — except airports (airport manager agreement required) | No — same exception for airports |
| Refusal must be reasoned? | N/A — no formal decision | Yes — Art. L 581-21, al. 1 |
| Content of message may be reviewed? | No — freedom of expression protected | No — content review is constitutionally prohibited |
The declaration and authorisation procedures sit at the intersection of administrative law, advertising regulation, and in some cases heritage law. Getting the procedure right before installation is the foundation of lawful operation. Our team provides clear, actionable advice on every dimension of the French outdoor advertising framework.
Book a ConsultationThis article is for general information and educational purposes only. It does not constitute legal advice. The specific information and documents required for authorisation applications vary by device type and are detailed in Article R 581-10 and the cross-referenced provisions; always consult the applicable Cerfa form and its accompanying checklist. Legal references reflect amendments by Decree 2023-1409 of 29 December 2023.
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Key Legal References
Devices requiring a prior declaration (installation, replacement, modification)
Content of the prior declaration — private land and public domain
Submission and effects of prior declaration
Authorisation application — submission procedure
Content and processing of authorisation application — completeness, timeline
Assessment criteria for authorisation applications
Consultation of State services — timing and deemed favourable opinions
Decision time limits and tacit authorisation on silence
Airport installation — airport manager agreement required
Authorisation for illuminated advertising — prior mayoral authorisation required
Authorisation refusal must be reasoned; 4-month window for listed monuments
EPCI competence for declarations and authorisations (since 1 January 2024)
Latest reform decree
Official declaration form
Official authorisation form
Late declaration has no protective effect on sanctions already incurred
Adding metal walkway to panel = modification requiring declaration
Once tacit authorisation period has passed, mayor divested of authority to revisit
Incomplete application cannot be refused without first notifying missing elements
Co-owner majority opposition and prior planning refusal cannot justify enseigne refusal
Prior content review of advertising prohibited — freedom of expression
