Sale of a property located in a pre-emption zone

Verified 15 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)

If you want to sell your property and it is located in a preemption zone defined by the city council, you must offer the sale to the city council as a priority. This is called the right of first refusal. These areas enable the City Hall to carry out urban development operations of general interest. You are therefore not free to sell your property to the person of your choice. The property that can be preempted by the mayor is single-family houses, buildings and land.

If you want to sell your property located in a pre-emption zone defined by the city council, you must first offer the sale to the city council.

This is called the right of first refusal.

These areas are defined to enable the City Hall to carry out urban development operations of general interest.

You are therefore not free to sell your property to the person of your choice.

The purpose of the pre-emptive zones must be to carry out urban development operations of general interest.

These operations may include:

  • Creation of communal facilities
  • Creation of social housing
  • Fight against unsanitary conditions
  • Urban renewal (neighborhood reconstruction)

These areas are defined by a decision of the City Hall.

This deliberation must be brought to the attention of the inhabitants: poster in the town hall for 2 months and in the local newspapers.

The City Hall may exercise its right of first refusal over property (house, building, land) belonging to an individual or a legal person.

The city council may decide to buy only part of the property. In this case, the sale price must take into account the loss of value of the non-pre-empted part of the property, as this may be difficult to resell. You can, however, require the City Hall to purchase the entire property.

At the time of the sale, your notary must make sure that there is a possible right of pre-emption from the city hall.

If there is indeed a right of pre-emption of the city council on your property, the notary must notify you.

The notary will then have to complete a declaration of intention to alienate (DIA) and send it to the City Hall:

Declaration of intention to dispose of or application for the acquisition of property subject to a right of first refusal

Who shall I contact

Once the City Hall has received the DIA, it can decide not to buy the property or accept the sale on your terms or by renegotiating the terms of sale.

Renunciation of the City Hall

The City Hall may decide to forego the purchase within 2 months of receiving the DIA.

In this case, the waiver is final.

You can then sell your property to the buyer of your choice.

Failure to reply within 2 months of receipt of the DIA amounts to refusal to preempt.

Acceptance

Unqualified

The City Hall can decide to buy the property on your terms.

You and the city hall then sign a authentic instrument closing the sale.

The City Hall has 4 months from the signature of the deed to pay for the sale.

As long as the city hall has not paid the full payment, you retain the enjoyment of the property (for example, you can continue to collect the rents if you rent your property).

With reservations

The city council may decide to renegotiate the sale price.

In this case, it has 2 months from the receipt of the DIA to offer you another price by registered letter with notice of receipt.

You then have 2 months from the City Hall offer for him notify either you accept the price offered by it, or you maintain your 1re price.

In the absence of an agreement on the price, you or the City Hall can to appeal to the court.

If the court is seized by the city hall, it must block 15% the sale price at the Caisse des Dépôts et Consignations (CDC).

This sum is blocked until the transfer of the property or until the moment when the City Hall renounces its right of first refusal.

The CDC informs you by registered letter with notice of receipt.

You and the city council have two months from the court decision to make your response known.

If you or the city hall do not give an answer, it means acceptance of the price and transfer of the property.

One authentic instrument closing the sale must be completed within 3 months.

The City Hall has 4 months from the signature of the deed to pay for the sale.

As long as the city hall has not paid the full payment, you retain the enjoyment of the property (for example, you can continue to collect the rents if you rent your property).

Declaration of intention to dispose of or application for the acquisition of property subject to a right of first refusal