Organization and operation of a local authority

Updated on Thursday 26 December 2024

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Preemption and expropriation rights

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.

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.

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.

Updated on Thursday 5 May 2022

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.

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.

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.

Powers of mayors

Updated on Friday 17 February 2023

Delegation of powers

The purpose of delegating powers or jurisdiction is to modify the distribution of jurisdiction.

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.

Manage real-estate property

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.

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.

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.

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.

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.

Updated on Thursday 16 May 2024

Land reserved for public facilities

Reserved land is designated when local development plans are adopted or revised.

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

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).

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.

Updated on Friday 13 December 2024

Designated development zones

Designated development zones are areas which a dedicated public authority or body decides to develop.

Protection of trade

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.

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.

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.

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.

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.

A question ? Need help ?

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…

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).

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…

No, if the installation is temporary (under 3 months) and necessary for the construction work (Article R 421-5 of the Urban Planning Code).

View our FAQ

Organization and operation of a local authority

Preemption and expropriation rights

Powers of mayors

Manage real-estate property

Protection of trade

A question ? Need help ?

I've put my property up for sale and it seems that Paris City Hall intends to use its right of pre-emption. Can I withdraw my declaration of intent to sell?

I’m selling land, and the town has exercised its right of pre-emption but disputes the price. Must I accept?

I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?

I’m building a house and want to place a mobile home on the land for two months. Do I need permission?

I am selling my house. My notary sent the declaration of intent to alienate (DIA) to the town hall. If the latter decides to exercise its right of pre-emption, does it have to acquire the property at the price initially fixed?