I. Composition of commercial development committees
The decree determines the composition arrangements for the departmental and national commissions, as well as rules aimed in particular at preventing conflicts of interest among members of the various commissions.
II. Business Authorizations
Application for commercial exploitation authorization
The decree expands the list of persons authorized to apply for an operating permit. The application may now be submitted by a person entitled to benefit from expropriation for public purposes. Similarly, in cases where a building permit is not required, the application for a commercial operating permit may be submitted by any person who can provide proof of title from the owner(s) authorizing them to commercially operate the property, or by that person's representative. A template for the application for a commercial operating permit and the supporting documents to be submitted with the building permit application will be established by order of the Minister for Trade.
The application must specify the applicant's capacity and the nature of the project.
Case
While the required documents still aim to assess aspects related to space management, the accessibility of commercial offerings, and the environment, the decree details the list of required documents accompanying the application, thus expanding the scope of the application.
The decree mandates the provision of information concerning:
- the project
- the catchment area
- maps or plans relating to the project
- the effects of the project on land-use planning,
- The project's effects on sustainable development:
- the effects of the project on consumer protection
- the social effects of the project
In addition, when the project does not require a building permit, the application must specify:
- elements relating to the identity of the applicant;
- the location, address and area of the land(s).
Likewise, the file must contain:
- For the applicant(s): an extract from the registration in the trade and companies register or, if the company is in the process of being formed, a copy of the articles of association registered with the tax authorities;
- The indication of the land concerned, their total area and an extract from the cadastral plan;
- A description of the project specifying its integration into the landscape or an urban project;
- A 1:25,000 map indicating the location of the project;
- An aerial or satellite view duly captioned registering the project in its district;
- An axonometric photograph of the current site and a visual presentation of the project to assess its future insertion in relation to neighboring buildings and landscapes, its visual impact as well as the treatment of access and land;
- A graphic document representing all the facades of the project.
Submission of the request
For projects not requiring a building permit, the application and supporting documents are submitted to the departmental commission for commercial development (CDAC). For projects requiring a building permit, the application and supporting documents are submitted to the town hall, which then forwards the application to the CDAC.
CDAC decision
Within ten days of the commission meeting or the date of tacit approval, the decision or opinion of the Departmental Commission for Commercial Development (CDAC) is notified to the applicant and published in the prefecture's official gazette. The requirement for the prefect to post the decision at the town hall is not included in the decree. Within the same timeframe, if the decision or opinion is favorable, an extract is published in two regional or local newspapers at the applicant's expense.
The commercial operating permit is valid for three years from the date the building permit becomes final for projects requiring a building permit. This period is extended by two years for projects involving the construction of more than 6,000 square meters of retail space. For projects not requiring a permit, the validity period remains three years from the date of notification of the decision.
In the event of an appeal to the administrative court against the commercial operating permit, the three-year period is suspended until a final court decision is rendered.
Appeal against the decision or the opinion of the departmental commission
The decree sets out the procedures for appealing decisions of the CDAC (Departmental Commission for Commercial Development). It specifies, in particular, the conditions under which an appeal may be lodged and the persons authorized to file an appeal.
It should be noted that the national commission may, in particular, receive written submissions. The minimum quorum for deliberations has been raised. The commission may only deliberate if at least six of its members are present, compared to five previously. Decisions are adopted by a majority of the members present. The opinion or decision must be reasoned, signed by the chairperson, and indicate the number of votes in favor and against, as well as the number of abstentions.
The decision or opinion is notified to the applicant, to the applicant if different, to the prefect, and, if the project requires a building permit, to the competent authority. The decision is no longer subject to notification to the Minister for Trade.
The notification, which was previously required within two months, must now be made within one month of the commission meeting or the date of tacit confirmation.
Self-referral to the national commission
The decree sets out the procedures for the national commission to initiate proceedings on its own motion when the project relates to a facility with a sales area exceeding 20,000 square meters. In such a case, the secretariat of the departmental commission must, within ten clear days of receiving the application for commercial authorization, send the national commission an electronic copy of the application along with the supporting documentation. The national commission for commercial development may then take up the project within one month of the secretariat of the departmental commission's opinion or decision being notified to the national commission. The commission takes up the project upon a proposal from its chairperson or at least four of its members, by an absolute majority of the members present. It then issues an opinion or renders a decision on the project's compliance. This opinion or decision replaces that of the departmental commission.
The procedure applicable to an appeal against a decision of the departmental commission for commercial development applies during this process.
Finally, it is specified that this procedure does not preclude appeals against the decision or opinion of the departmental commission. The national commission rules on all referrals and appeals relating to a project in a single decision or opinion.
End of commercial operation
When a retail complex or permanent collection point authorized for commercial operation ceases to be operated for commercial purposes, the building owner(s) must notify the prefect of the department where the municipality is located of the date of cessation of operations.
Except in exceptional circumstances, the building owner is responsible for notifying the prefect of the department where the municipality is located of the measures planned for dismantling and restoring the site, within three years of the date of cessation of operations. Failing this, the authority responsible for issuing the building permit may take or have carried out the necessary measures, at the expense and risk of the site owner(s).
III. Transitional Measures
The decree provides for transitional provisions for applications for commercial exploitation authorization and building permits under examination when the text comes into force. The decree also determines transitional rules applicable to appeals against decisions of the national commission for commercial development relating to projects requiring a building permit as well as to decisions of cancellation by the administrative judge of authorization to operate. or building permits before the entry into force of the decree.
