Preemption and expropriation rights
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Updated on Tuesday 31 May 2022
Municipal pre-emption right
By virtue of their municipal pre-emption right [droit de préemption urbain (DPU)] local authorities have the right to acquire real estate put up for sale by private individuals or companies, in preference to any other buyer.
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Updated on Wednesday 12 April 2023
Wastewater treatment in France
Collective sanitation and non-collective sanitation systems are important for local elected officials for their environmental consequences. They often deal with these issues through intermunicipal structures.
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Updated on Monday 24 June 2024
Buying French property: in case of dispute you can place the payment made on deposit
Expropriation and pre-emption are complex procedures. When the owner's payment raises obstacles, it may be necessary to use the deposit system for the price of the expropriated or pre-empted property.
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Updated on Tuesday 23 June 2026
Formalities for selling property in France: the Declaration of Intent to Waive
For selling property in France, the Declaration of Intent to Waive must be completed by any owner that wishes to sell property located in a pre-emption area.
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Updated on Wednesday 15 May 2024
Compulsory purchase order in France
Expropriation is a procedure that allows the administration, for purposes of public interest, to compel a person to assign property for compensation, or to transfer it to another person.
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Updated on Monday 2 December 2024
Expropriation in France: What is the release procedure?
The release procedure is an administrative procedure. It allows the owner of a property subject to planning regulations preventing it from enjoying it, to induce the recipient of the easement to acquire the property.
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Powers of mayors
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Updated on Friday 17 February 2023
Delegation of powers
The purpose of delegating powers or jurisdiction is to modify the distribution of jurisdiction.
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Updated on Tuesday 5 November 2024
Withdrawing delegation authority from a deputy in town council
The mayor may, at any time, withdraw the delegation given to a deputy whom he has granted. It is a discretionary power that must have as its objective the interest of the proper functioning of the municipal administration.
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Manage real-estate property
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Updated on Monday 13 June 2022
The Notarised document or Administrator deed
An administrative act is a legal act subject to administrative law, the litigation of which is the responsibility of the administrative judge. Mayors and presidents of local authorities may use real estate acquisitions in a development or road project, either in administrative form or by notarial deed.
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Updated on Wednesday 12 April 2023
Ownerless real estate and vacant successions
Since 2004, municipalities have been able to assume ownership of real estate presumed to be ownerless. Taxes are no longer paid for this type of property.
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Updated on Wednesday 8 January 2025
Country lanes
The rural road has three cumulative criteria: it belongs to the communes, is assigned to the use of the public, and is not classified as communal way. It benefits from a particular legal regime.
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Updated on Friday 13 December 2024
Burial plots
A burial plot is a piece of land in a cemetery that a commune may decide to grant to someone wishing to establish a grave for him/herself and his/her children or successors.
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Updated on Thursday 25 July 2024
Privatisation of public domain
Decommissioning ceases the use of government-owned property, local communities and public institutions or other public entities. Decommissioning brings the good out of the public domain.
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Updated on Thursday 16 May 2024
Land reserved for public facilities
Reserved land is designated when local development plans are adopted or revised.
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Updated on Tuesday 29 October 2024
Buildings in a very poor state of repair
When a building is a danger to the safety of occupants, neighbors or passersby, the mayor (or the prefect of police in Paris) can initiate a risk of proceedings against the owner to take the necessary measures
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Updated on Friday 29 November 2024
Renting to associations
The French General Code of Public Property states that a private person/entity occupying the public domain is liable to pay a fee for use of public property (redevance domaniale).
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Updated on Wednesday 20 November 2024
Selling or renting property to businesses
Economic aid and public property: French and EU legal obligations to ensure free competition and transparency.
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Updated on Friday 13 December 2024
Designated development zones
Designated development zones are areas which a dedicated public authority or body decides to develop.
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Protection of trade
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Updated on Thursday 26 December 2024
Exercising pre-emption right
When a preliminary alienation declaration has been filed with a municipal authority concerning a commercial or crafts business, commercial lease or land on which business premises have or will be built, it has two months in which to choose between waiving or exercising its pre-emption right.
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Updated on Wednesday 22 January 2025
Principle of freedom of trade and industry
The principle of freedom of trade and industry is designed to prevent public entities competing with private persons or entities.
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Updated on Thursday 26 December 2024
Pre-emption of all commercial buildings
In contrast with rights of pre-emption designed to protect local businesses, the exercising of pre-emption right for commercial building cannot be exercised by any commune.
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Updated on Thursday 26 December 2024
The retrocession of land, funds and pre-empted leases
The commune must, within 2 years from the transfer becoming effective, retrocede the commercial or crafts business, commercial lease or land to a company listed on the Trade and Companies Register for it to be used in such a way as to preserve the diversity of the commercial or crafts activities in the zone concerned.
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Updated on Monday 13 January 2025
Protective zone for local businesses
In order to have the boundaries of a protective zone for local businesses and crafts validly adopted, a mayor must submit a municipal council draft motion to the Chamber of Commerce and Industry and the Chamber of Trades and Crafts in the jurisdiction of which the commune is situated.
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A question ? Need help ?
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No. A municipality can very well decide to pre-empt a property offered for sale at a selling price lower than that desired by the seller. The latter must send the owner its proposal by registered letter with acknowledgment of receipt, within 2 months of receiving the DIA. The seller then…
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Yes, provided that the local council has not yet exercised its right of pre-emption (art. L.213-7 of the French town planning code). Indeed, the seller of a property subject to this right of pre-emption and having filed a DIA may unilaterally retract his offer to sell until it has been…
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No. You have two months to: Accept the new price ; Confirm your asking price and refer the matter to court. Withdraw the sale, which then prevents selling to anyone (Article R. 213-10 of the Urban Planning Code).
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Yes, provided that the local council has not yet exercised its right of pre-emption (art. L.213-7 of the French town planning code). Indeed, the seller of a property subject to this right of pre-emption and having filed a DIA may unilaterally retract his offer to sell until it has been…
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