Official website of Notaires de France

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.­

  • Conditions required

    • Only communes that have a local development plan or municipal plan ­(for them, subject to the right of first refusal must be stated at the time of institution) ­and are thus able to exercise urban pre-emption rights, may assert this prerogative as regards the sale of buildings used for businesses (other than land on which business premises have or will be built with a sales area of between 300 and 1,000 m², these properties are affected by the right of preemption sector backup of local business since the Act of August 4, 2008), ­in order to undertake developments aimed at maintaining, extending or attracting business activities.

  • Role of the notaire

    • Notaires deal with this subject on a day to day basis and they have a real expertise in this matter.

See also


The role of the Notaire