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Exercising pre-emption right

  • In which case, the municipality should it exercise its right of first refusal?

    • 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 (with a sales area of between 300 and 1,000 m²), it has two months in which to choose between waiving or exercising its pre-emption right.­

  • What are the conditions required?

    • The trade preemptive right procedure implies, above all, the delimitation of Commerce backup perimeters and crafts proximity.

    • Either the pre-emption may be exercised at the price and under the conditions given in the preliminary notification, or alternatively the commune may offer a different price, which it cannot set itself. This is different from the legal procedure that applies to urban pre-emption right as the expropriation judge is always brought in if the content of the notification is refused.

    • Although relatively new, this pre-emption right incorporates the technical aspects of all the laws on pre-emption.

    • Since the Act Crafts, Trade and TPE called "ACTPE" of 18 June 2014, the municipality may delegate this right of first refusal to an EPCI.

    • Notaires are used to dealing with these issues whether they concern private individuals or local authorities.

See also


The role of the Notaire