Declaration of Intent to Waive
The Declaration of Intent to Waive is a formality that must be completed by any owner that wishes to sell property located in a "zone de préemption"
What is the Declaration of Intent to Waive?
The "zone de préemption" is an area within which the local authority has a pre-emption right over any property, or certain types of property, that comes up for sale). The object is to ensure that the holder of the pre-emption right, such as the local authority, is informed of the sale in advance, so that it can assert its right if it so wishes.
The owner of the property is required to make the declaration on the specific Cerfa form.
The form, along with the supporting documents that are mentioned on the accompanying notice, must then be sent to the town hall in the place where the property is located (or to the president of the departmental council if the property is in a sensitive natural area):
- 4 copies must be sent when the documents are sent by recorded delivery letter with acknowledgement of receipt (or delivered against a receipt);
- 1 copy only need be sent if the documents are sent by email.
How are the formalities completed?
The declaration is usually completed by the owner's notaire, acting in their capacity as agent. The notaire checks that the information required by law, or by case law, has been included.
Generally, the declaration constitutes an invitation to acquire the property (particularly when the property is to be sold). However, it may be no more than an information notice, which enables the holder of the pre-emption right to make an offer for the purchase of the property that the owner wishes to dispose of (for example, if the owner wishes to organise an exchange or contribution to a company ).
How soon is the reply received?
The local authority has two months (three months when the property is located in a sensitive natural area) from the receipt of the declaration to inform the owner of whether it wishes to acquire the property or not. It may take advantage of this time in order to negotiate the price (if the property is to be sold) or the value of the property (if it is to be exchanged or contributed to a company). The reply of the holder of the pre-emption right is notified to the person referred to in the declaration (usually the notaire). If there is no reply within the time limit set, this silence is deemed to be a refusal to pre-empt.
How is the procedure made secure?
Do not hesitate to seek the assistance of your notaire. They will check whether your situation requires a declaration of intention to dispose of real estate to be prepared. Where appropriate, they will draft the declaration for you after they have studied the content of the pre-emption right, the nature of the right and how it is to be applied.
They will check the characteristics of your property, the order of the pre-emption rights, and whether there are any easements or not, etc. Any error may give rise to lengthy and onerous proceedings. If you take advantage of the services offered by your notaire, you will avoid any such risks.