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.­

• A decree of 4 November 2016 lists the exceptions to the right of users to seize the administration electronically with regard to construction and urban planning. The declarations of intent to alienate, including those relating to the urban pre-emption right and the right of pre-emption of the communes on artisanal funds, business, commercial and commercial leases, are to be excluded on a transitional basis until 7 November 2018 Lands undergoing commercial development projects.

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.