Creation of an accessibility fund for private 5th-category ERP.

Regulations

• Decree no. 2023-993 of October 27, 2023 on the introduction of a territorial accessibility fund for micro, small and medium-sized businesses classified as 5th category establishments open to the public.
• Order of October 31, 2023 concerning the management of the territorial accessibility fund for micro, small and medium-sized businesses classified as 5th category establishments open to the public.

Who's concerned?

• Private ERP of 5^ème category R (crèches, day nurseries) and U (care establishments) "may be eligible for the scheme by express decision of the State representative in the department in which they are located". The other conditions are as follows:
  • less than 250 employees ;
  • have annual sales not exceeding 50 million euros excluding tax, or total assets not exceeding 43 million euros;
  • be created before September 20, 2023 ;
  • not be in receivership on the date of application;
  • be entered in the national register of companies;
  • be up to date with all tax obligations and employer contributions;
  • be inaccessible or partially accessible and have a project for partial or total accessibility.

When?

From November 2, 2023 to December 31, 2028.

Summary

As a reminder, ERP accessibility has been a legal requirement since the February 11, 2005 law on equal rights and opportunities, participation and citizenship for disabled people.

To meet this obligation, the French Ministry of the Economy, Finance and Industrial and Digital Sovereignty has created a specific fund dedicated to bringing ^5th category ERP up to standard.

The scheme sets out the terms and conditions for calculating and paying out financial assistance to make the above-mentioned establishments accessible. To qualify, expenditure must relate to :

• "Accessibility equipment and/or work (access ramps, removal of steps at entrances, washrooms with grab bars, etc.);
• Diagnosis of the establishment's accessibility;
• engineering and project management support costs incurred in the course of carrying out the work.

State aid is equivalent to 50% of the expenses incurred, up to a maximum of :

• 20,000 for work and equipment costs;
• 500 for engineering expenses".