A public-access building (ERP) is any building, premises or enclosed space that welcomes people from outside, whether access is free, paid or by invitation. This classification, defined in Article R.143-2 of the French Construction and Housing Code, triggers a set of fire safety and accessibility requirements, the scope of which depends directly on the classification assigned to the establishment.
Public and staff occupancy: what the threshold really includes
An ERP’s classification is based on the authorized occupancy capacity set by the departmental fire and rescue service (SDIS). This figure represents the maximum number of people who may be on the premises at the same time.
One point is often misunderstood: staff on the premises are included in the occupancy count for some types of activity, but not all. In a retail store (type M), only members of the public count. In a restaurant (type N), dining-room and kitchen staff are added to the total. This distinction directly affects the category assigned and, therefore, the applicable regulatory requirements.
For more information on ERP classification in France, it is also worth noting that a conference open to the public in private premises is enough to make the venue an ERP for the duration of the event, even if the building is not usually classified as one.
ERP categories: the five occupancy thresholds and what they mean
Five categories define the classification, from the most restrictive to the least restrictive.
| Category | Permitted occupancy |
|---|---|
| 1 | More than 1,500 people |
| 2 | 701 to 1,500 people |
| 3 | 301 to 700 people |
| 4 | Up to 300 people |
| 5 | Below the thresholds set for category 4 |
Categories 1 to 4 make up the first group. Establishments in this group are subject to mandatory periodic inspections by the safety commission and must comply with all the general and specific provisions of the order of 25 June 1980.
Category 5 alone makes up the second group. Its requirements are less stringent, but this distinction comes with a major caveat that most guides fail to mention.
Category 5 ERPs: less stringent requirements, subject to conditions
A category 5 ERP is not exempt from all inspections. Premises with sleeping accommodation remain subject to mandatory periodic inspections, even if the establishment is small. A hotel with just a few rooms or a group gîte is still subject to regular checks.
By contrast, category 5 ERPs without accommodation are not subject to inspections scheduled for fixed dates. The operator is still responsible for keeping the safety register up to date and complying with fire prevention rules.
A reform that came into force on 21 November 2025 simplified procedures for these small ERPs without accommodation: the fire safety works permit has been replaced by a brief description of the work submitted to the police authority. This simplification does not apply to accessibility requirements, which follow a separate process.
In addition, an order dated 1 December 2025 introduced periodic technical inspections, required at least once every three years for certain installations, effective from 1 July 2026. Operators of small ERPs should therefore check whether their equipment is covered.
ERP activity types: why the letter matters as much as the category
In addition to its occupancy, each ERP is assigned a letter corresponding to its main activity. There are around twenty types, from J (residential facilities for older people or people with disabilities) to Y (museums). This letter determines the applicable specific requirements, including evacuation distances, the number of emergency exits, smoke extraction systems and the fire resistance of materials.
A single building may fall under several types if it accommodates multiple activities. A municipal function hall that also serves as a polling station on occasion will have its requirements assessed according to each use. The most common types in local authorities are:
- Type L: auditoriums, conference rooms, meeting rooms, performance venues and multipurpose spaces
- Type N: restaurants and drinking establishments
- Type M: retail stores and shopping centers
- Type R: educational establishments and holiday camps
- Type W: government offices, banks and offices
The type sets technical requirements that cannot be determined by category alone. Two category 3 establishments of different types will not have the same fire safety equipment or accessibility requirements.
Fire safety and accessibility requirements based on ERP classification
The requirements fall into two separate but simultaneous areas. Fire safety covers construction (fire resistance and compartmentation), equipment (alarms, fire extinguishers, emergency lighting and smoke extraction) and operations (safety register, staff training and evacuation drills).
Accessibility requirements ensure that anyone with a disability can enter the establishment, move around it and use its facilities. Existing ERPs that do not meet these standards must have an accessibility improvement plan (Ad’AP) approved by the prefecture, or face administrative penalties.
For establishments in the first group, the safety commission issues an opinion before opening and at each periodic inspection. An unfavorable opinion does not automatically result in closure, but the mayor may order closure if the risk warrants it. The operator remains primarily responsible for compliance, including between inspections.
Classification by category and type is not fixed. A change in activity, an extension or a change in occupancy capacity requires a new review by the commission and, where applicable, reclassification with the resulting requirements.
