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The new accessibility standards for disabled people are applicable to any planning permission requested from December 16th

Further to the adoption on December 2nd 2014 of Act n° 1.1410 on « the protection, autonomy and promotion of the rights and freedoms of disabled people », the National Council, by Law n° 1.441 of December 5th 2016, established a new and ambitious body of rules made in order to adapt some buildings to disabled people.

Published in the Journal of Monaco on December 16th, 2016, the law will be fully applicable by December 16th, 2017 and concern several types of buildings grouped under the term “built environment”: establishments receiving the public, buildings used as factories or offices, collective dwelling houses, interim buildings and temporary facilities, as well as parking areas and outdoor spaces serving them.

From that very soon coming into force, except in very strictly regulated cases, any planning permission dealing with one of those types of buildings will be issued only if the project contains adaptations for disabled people in accordance with the procedure laid down by the law

Those obligations primarily affect new constructions but also existing constructions, regarding the part concerned by the planning permission.

Moreover, the Law specifies that if the works are about more than the half of the existing built environment, the planning permission can be issued only if all components of the project are going to be adapted. Furthermore, are taken into consideration planning permissions received during the 3 previous years.

Are concerned by the Law land developers, builders, architects, but also owners of the existing built environment and tenants of establishments receiving public or used as factories or offices, who would like to perform works needing planning permissions.

Those obligations concern firstly owners but also tenants of premises receiving public, or used as factories or offices and which are subject to any works needing planning permission.

If those measures must be approved as part of the social progress they spread, they need to be carefully understood in view of the potential financial issues involved for the owner or the tenant as the case may be.

Authors

Portrait ofSophie Marquet
Sophie Marquet
Partner
Monaco