The retrocession of land, funds and pre-empted leases

  • Conditions to sell of pre-empted land, businesses and leases back

    • 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.­ During the resale period, if the municipality has the funds management lease, the deadline for handover may be increased to 3 years.

    • The retrocession instrument lays down the conditions under which it can be terminated if the assignee fails to comply with the specifications.
      The retrocession of the business assets or the leasehold rights must take place in favor of a person registered in the trade register or in the register of commerce and companies. In the event that the retrocession involves a leasehold right, it is subject to the prior agreement of the lessor, who must imperatively appear in the deed of retrocession (Article L. 214-2 of the Urban Planning Code).

    • The assignee is chosen by means of a competitive call for tender.

  • Role of the notaire

    • Notaires are highly experienced in questions relating to the retrocession of pre-empted businesses, leases and land.

    • They pay particular attention to checking the conditions under which pre-emption and retrocession take place and the drafting of specifications.

    • Lastly, they focus on the tricky issues of how documents are to be drawn up, especially when failure to comply with conditions leads to termination. These issues are often overlooked during the early stages of the process. A notaire guarantees that your documents are properly worded. ­

Frequently asked questions