Retrocession of the preempted property (housing, land...)
Verified 15 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)
As a former owner of a pre-empted property, you can buy back the property acquired by the town hall under certain conditions. This is called the right of retrocession. The city council must then offer you the purchase of the property as a priority. If you give up this purchase, the city council must offer the purchase of the property to the potential former buyer. If the city hall fails to comply with its obligations, it is possible to appeal to the court.
The right of retrocession is a procedure that allows you as the former owner or the person who intended to buy the preempted property to buy back this property acquired by the town hall.
This purchase is only possible if the City Hall decides to use the property for a reason other than that mentioned in the pre-emption order, i.e. for the implementation of urban development operations of general interest.
If the city council decides to use the acquired property for a reason other than that mentioned in the preemption decision, it must first offer to buy it back.
The city hall must make you an offer of sale indicating a sale price.
This offer must be made by registered letter with notice of receipt.
You have 2 months to agree to repurchase the property at the price proposed by the City Hall or to renounce the repurchase of the property or request the repurchase of the property at a price of your choice.
If you do not give an answer, you are considered to have renounced the purchase of the property.
In the absence of an agreement, you or the City Hall can to appeal to the court who will fix the sale price of the property.
If you do not agree with this price, the city hall must offer the purchase to, if it exists, the person who intended to buy the property.
To find out the contact details of this person, the City Hall should consult the declaration of intention to dispose (DIA) that the notary had passed on to him.
If the City Hall does not offer the purchase of the property, you or the person who intended to purchase the property can claim damages by making a appeal to the court.
This appeal must be made within 5 years after the acquisition of the property by the City Hall.
To do so, you or the person who intended to purchase the property must justify that the use of the property acquired by the City Hall for a reason other than the one mentioned on the preemption decision causes you harm.