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.
What is the Declaration of Intent to Waive?
It is intended to inform before the sale the holder of the right of pre-emption (in principle: commune or public establishment of intercommunal cooperation) so that he can assert his rights (right to pre-emption to realize urban development operations general interest defined in the deliberation establishing this right).
How to complete a declaration of intent to waive?
The owner of the property is required to formalize his DIA preferably on the form Cerfa "Declaration of intent to dispose of or application for acquisition of property subject to one of the pre-emption rights provided by the urban planning code ", without forgetting to add the supporting documents mentioned on the accompanying note.
The declaration is addressed to the town hall of the location of the building (or to the president of the General Council for Sensitive Natural Areas):
- in four copies, where the sending is done by registered letter with acknowledgment of receipt (or is the subject of a deposit against discharge);
- in a single copy, in the case of routing by electronic means.
The notaire of the owner (in his capacity as agent) who is most often responsible for drafting this declaration. He thus ensures the presence of the mentions imposed by the texts or the decisions of justice. Generally, the declaration constitutes a real offer of sale in particular, in the case of an over-the-counter sale with precise price and terms of payment of the price.
But the DIA can constitute a simple informative measure when the disposition is made with consideration in kind, or takes the form of an exchange, a contribution in company or a transfer of directors against delivery of the premises as well as since the law Alur, in case of alienation gratuitously. The conditions of the disposition are then defined by the estimated value of the property or the right offered in return.
Declaration of Intent to Waive: what is the deadline to answer?
The public authority has two months (three months when the property is located in sensitive natural areas) from the receipt of the Declaration of Intent to Waive to indicate whether or not it wishes to acquire the property. In case of request for additional documents or visit of the property, the response time is extended. The response of the owner of the right of first refusal is notified to the person concerned by the declaration (very often the notary). Failure to respond within the time limit is equivalent to waiver of pre-emption.
Possible answers for a Declaration of Intent to Waive :
- Waiver: the community can expressly decide to give up the purchase within 2 months from the receipt of the DIA. The owner can then sell his property at the price listed in the DIA to the buyer of his choice.
- Acceptance at the price: the community can decide to acquire the property on the conditions proposed by the owner. The parties then sign a notarial act concluding the sale. The community has a period of 4 months from the decision to acquire to pay the price. Until the community has paid in full, the former owner retains the property (for example, collecting rents on the property).
- Acceptance at a lower price: the community offers a lower price.
The owner has 2 months from the receipt of this offer to notify the community: either he accepts the price offered, or he maintains his offer, or he gives up the sale.
Failing agreement on the price, the community can seize the court to ask him to fix it. If the IMT is seized by the community, the community has the obligation to deposit with the "Caisse des dépôts et consignations - (CDC)" 15% of the amount of the price fixed by the Domains. The parties have 2 months from the decision of the TGI to make known their response. Each party may waive the transfer.
If the renunciation emanates from the owner, the resale of the property requires a new declaration.
If the renunciation emanates from the owner of the pre-emption right, the latter can no longer exercise his right of pre-emption in respect of the same owner for 5 years provided that the property is sold at the price fixed by the judge (revised if necessary). function of the ICC).
The price is paid (or recorded) within 4 months of the judge's final decision.
Failure to comply with the payment period provided in case of acquisition at the price of the declaration or the price set by the judge, the owner can sell his property freely, without new declaration.
Date of transfer of ownership
The transfer of ownership occurs at the latest of the two dates that are the payment of the price and the deed authenticating the sale.