Question 17555 — commerce and crafts

Summary

Mr. Léo Walter alerts the Minister Delegate to the Minister of the Economy, Finance and Industrial and Digital Sovereignty, responsible for businesses, tourism and consumption, to the dysfunctions observed in the authorization of the establishment of commercial spaces, which could lead to illegal establishments. Indeed, it happens that the establishment of large areas is made possible via authorization commercial exploitation, even though it contravenes the rules established by the local town planning plan (PLU) or the environmental protection rules applicable in the territory concerned. This is an insufficient legal articulation between the commercial exploitation authorization and urban planning authorization systems, which results in part from the removal of the urban planning certificate - this was previously required in commercial operating authorization application files. The commercial authorization and urban planning authorization procedures being distinct, the first is sometimes issued even though the construction is incompatible with the PLU. It also seems that building permits are requested and issued for commercial areas just below the threshold of 1,000 m2 requiring the agreement of the commission. departmental commercial development department (CDAC), while the areas actually built actually exceed this threshold, certain sales spaces having been fraudulently excluded from the calculation, in particular by means of the qualification as “non-affected premises”. However, traders and craftsmen whose economic activity suffers from the establishment of these large stores are not recognized as having any interest in taking legal action against these illegal settlements, the only legal act that could be contested being the building permit, against which they have no possible recourse. The protection of small businesses is essential for the revitalization of rural areas like the Alpes-de-Haute-Provence, for the preservation of jobs and for the ecological transition to which they contribute by promoting local purchases. This protection includes by supervising the development of large commercial outlets. It therefore appears particularly unfair and contrary to the general interest that the construction of large commercial areas is authorized illegally and without traders and craftsmen being able to complain about it in court. If the “ELAN” law has made it possible to strengthen the a posteriori control of commercial law infringements, it appears necessary to organize better articulation between the legal regimes resulting from the commercial code, the town planning code and the environment code, in order to better guarantee that the establishment of a commercial space can only be authorized on condition of respecting the rules provided for by all of these regimes. It also appears necessary to remedy the impossibility for merchant-artisans to take legal action against all the legal acts concerned when large commercial outlets are illegally established. He therefore questions him about the actions in progress or the actions planned to remedy these difficulties; he asks him to pay all his attention to this written question resulting from numerous exchanges with the association “In all honesty”.

Machine translation from French. The official text remains authoritative.

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