French Commercial code
In forceCommercial authorisation is required for projects involving:
1° The creation of a retail shop with a sales area of more than 1,000 square metres, resulting either from a new construction or from the conversion of an existing building;
2° The extension of the sales area of a retail shop that has already reached the 1,000 square metre threshold or is expected to exceed it through the completion of the project. The additional use of any space, whether covered or not, fixed or mobile, and which does not fall within the scope of article L. 310-2 ;
3° Any change in the sector of activity of a business with a sales area of more than 2,000 square metres. This threshold is reduced to 1,000 square metres when the shop's new activity is predominantly food;
4° The creation of a commercial complex as defined in Article L. 752-3 and whose total sales area exceeds 1,000 square metres;
5° The extension of the sales area of a retail complex that has already reached the 1,000 square metre threshold or is set to exceed it through the completion of the project;
6° The reopening to the public, on the same site, of a retail shop with a sales area of more than 2,500 square metres whose premises have ceased to be operated for three years, this period running, in the event of the operator's receivership proceedings, only from the day when the owner has regained full and complete disposal of the premises ;
For nurserymen and horticulturists, the sales area referred to in 1° is that which they devote to the retail sale of products not originating from their operation, under conditions set by decree.
7° The creation or extension of a permanent point for the withdrawal by customers of retail purchases ordered by telematic means, organised for access by car.
By way of derogation from 7°, the creation of a permanent point of withdrawal by customers of retail purchases ordered by telematic means, organised for access by car, integrated into a retail shop open to the public on the date of publication of Law No. 2014-366 of 24 March 2014 for access to housing and renovated town planning, and not entailing the creation of a floor area of more than 20 square metres, is not subject to commercial operating authorisation.
The owner of the site benefiting from the commercial operating permit is responsible for organising its dismantling and restoring its base land if the operation is terminated and no reopening to the public occurs on the same site for a period of three years, this period only running, in the event of the operator's receivership proceedings, from the day on which the owner has recovered full and complete disposal of the premises.
At the end of the three-year period referred to in the eleventh paragraph of this article, the State representative in the département of the municipality in which the site is located shall ensure that the owner(s) of the site have taken the necessary steps to dismantle and restore the site or convert it to another activity within the prescribed timeframe. If these measures are not taken or are inadequate, the representative of the State in the département will give formal notice to the owner(s) to submit them within a specified period and will inform the authority responsible for issuing planning permission. If, on expiry of this period, the owner(s) has (have) not complied with the prefectoral injunction, the representative of the State in the département may require a sum equivalent to the cost of the work to be carried out to be deposited with a public accountant, which will be returned to the owner as and when the prescribed measures are carried out. After the representative of the State in the département has served formal notice to which no response has been received, the representative may, at the expense of the owner(s), have the site dismantled and restored. A decree in the Council of State shall determine the terms and conditions for the application of this article.
