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How does authorization for a restaurant terrace work?

Installing a terrace for your restaurant: yes, but how? What authorizations, obligations and procedures are required? ⛱️

How does authorization for a restaurant terrace work?
Published on
29/5/24

The warm weather is approaching. Are you thinking of installing a terrace for your bar, café or restaurant? Excellent idea! With an outdoor area, you can attract more customers ⛱️. Whether it's the opening of your restaurant or the day-to-day running of it, installing a terrace is no mean feat. Just the thing: in this article, the Malou experts summarize everything you need to know about setting up your terrace, with simple, up-to-date information.

👉Notabene: this article focuses on terraces installed on public thoroughfares. If you are setting up your restaurant and wish to build a terrace, you are subject to the town planning code. [More details here.]

Authorization to install a restaurant terrace: the 3 scenarios

Technically, the law provides for two types of terrace: open or closed. Each requires a specific authorization (see below ↓).

But, since the COVID-19 pandemic, a third form called "terrasse estivale" has been authorized to support Parisian restaurateurs. There are now over 3,000 ephemeral exteriors across the capital, which blossom every year from April 1 to October 30.

For the duration of the Olympic Games, your summer terrace is authorized to open until midnight, instead of 22h 🎉.

→ Bars, restaurants or cafés, so you have three options:

  • Closed (or covered) terraces, where the elements are fixed to the ground. It requires a permit issued by the town hall or prefecture;
  • The open terrace, which is mobile. It requires a parking permit issued by the town hall or prefecture;
  • The summer terrace, created in 2020 and renewed in 2024. It requires a permit issued by the City of Paris and is only authorized within the capital.

In all cases, creating a terrace is tantamount to occupying a public (not private) space. This is why such requests are called "AOT" or Autorisation d'Occupation Temporaire du domaine public.

⚖️ If you decide to set up a "wild terrace", i.e. an outdoor area without an AOT, a fine of €1,500 may apply, as well as withdrawal of the terrace permit for up to 3 years.

Ready to take action? Bonus: here are 10 tips for attracting customers to your terrace!

Restaurant terraces: requirements

While terraces are great for sales, they come with a few obligations to comply with 🫡.

Authorized duration of restaurant terraces in the public space

As their names suggest, all AOTs are "temporary". At any time, the town council may decide not to renew your right to have a terrace. It can also terminate your right if you fail to meet your obligations.

The summer terrace is open from April 1 to October 31, and must close by 10pm (except during the Olympic Games).

Restaurant terraces: rules to follow

→ Terraces must comply with the following rules:

  • Do not obstruct pedestrian traffic, people with reduced mobility or visual impairments, or emergency services. Allow a minimum passage of 1.60 m or 1.80 m for counter-terraces;
  • Allow free access to neighbouring buildings;
  • Protecting the peace and quiet of local residents;
  • Respect the dates and opening hours specified in the authorization;
  • Respect food hygiene rules.

The key difference is that heating and/or air-conditioning systems are permitted on enclosed (not open) terraces.

👉 Are you a Parisian restaurateur? The City of Paris has recently published a guide summarizing the prohibitions and rights concerning summer terraces.

→ What is formally prohibited:

  • Signs or planters higher than 1.30m;
  • Installations on reserved areas ;
  • Roofs, covers and tarpaulins;
  • Fences made of pallets, canisse, bamboo, rope, PVC, veiling, wire mesh ;
  • Electrical appliances or installations ;
  • Advertising signs.

Don't forget to post your authorization in your establishment, where it can be seen from the street. It must be dated, and include a plan of the terrace and its dimensions.

How much does it cost to obtain a permit to install a terrace in a restaurant?

→ Let's get down to the nitty-gritty: the bill!

💸 AOT authorizations entail a fee known as "droits de voirie".

The amounts of these fees are set by the communes according to :

  • The extent of the terrace;
  • How long the terrace will be used (one season, one year);
  • The commercial value of the street or lane occupied.

To put it simply: the more expensive your neighborhood, the longer your terrace will last, and the larger it is, the higher the road charges.

In Paris, for example, a square metre of terrace varies from €68 to €392, depending on the arrondissement. In Bordeaux, the price is €53 per square metre, in Nantes €65, in Toulouse €73 and in Lyon €90. These rates, set by the local authorities, are subject to change each year.

If your terrace is authorized but does not comply with standards, you may be required to pay a fine of between €68 and €500.

How do I request authorization for a restaurant terrace?

How do I apply?

To obtain an AOT, you need to prepare a file.

Find all the documents summarized in the table below 👇 !

Type of terraceForm to encloseDocuments to encloseOpen terrace (AOT: parking permit)https://www.formulaires.service-public.fr/gf/cerfa_14023.do- Copy of extract K or Kbis (certificate of registration in the RCS commercial register)- Proof of registration in the RNE- Copy of the license in the name of the owner or operator of the business- Copy of the commercial lease or title deed- Certificate of insurance for occupation of the public space- Description of the installation (equipment and materials) with a plan specifying the surface area and location of the device on the sidewalk. Side plan showing the location of the terrace in relation to the business and the public space (mention the presence of posts, trees or sidewalks)- Optional: if the terrace encroaches on the neighboring business, an authorization from the neighboring businessmanagerEnclosed terrace (AOT: permis de voirie)Form specific to your municipality or https://www.formulaires.service-public.fr/gf/cerfa_14023.do- Plan de situation à l'échelle 1/10 000 ou 1/20 000ème- Plan de localisation précis à l'échelle 1/1 000 ou 1/2 000ème- Photo de l'emplacementTerrasseestivale- Justificatif de l'activité commerciale exercée- Document prouvant l'occupation du local (ex : Commercial lease)- Description of the installation (equipment and materials) and the measures taken to guarantee the safety of customers, the maintenance of pedestrian flow on the sidewalk and the peace and quiet of local residents- Side plan showing the location of the terrace in relation to the business and the public space (mention the presence of poles, trees or sidewalks)- Optional: if the terrace encroaches on the neighboring business, an authorization from the neighboring business manager.

Where to send your request

→ It's very simple:

  • For road and parking permits, go to your local town hall or prefecture. You can hand in your application, send it by registered post or, in Paris, apply online;
  • To obtain authorization for a summer terrace, visit the City of Paris website.

Please allow 2 weeks to 1 month for your authorization to arrive. After 2 months, your request is considered refused.

Once your application has been accepted, you'll receive a document called a "arrêté municipal" or "arrêté communal", which formalizes your authorization and can be posted in your restaurant. Victory!

Out of breath? You've reached the end of this article. Installing a terrace no longer holds any secrets for you!

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