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.
Deed with public entities
Authentic deeds with public persons are received by notaries, public officers.
The mayors, the presidents of the general councils and the presidents of the regional councils, the presidents of the public institutions attached to a local community or grouping these communities and the presidents of the mixed unions are entitled to receive and authenticate for publication in the real estate file. , acts concerning the real property rights as well as the leases passed in the administrative form by public authorities and institutions (General Code of Territorial Collectivities, article L.1311-13).
The latter, of course, can only receive the acts in which the community they represent is engaged.
The prefects are authorized to receive acts pertaining to the private real estate domain of the State (General Code of the Property of the Public Persons, art L.1212-4 and CGPPP, art L.2222-1).
The advantage of notarised deeds for communities
In addition to the guarantee of impartiality, the advantage of the notarial deed consists in the very great technical and financial guarantee provided by the notary and due to all the parties to the contract.
The mayors are sensitive to it and there is a majority of deeds received by notaries (except on certain specific acts concerning especially the highways and the neglected).
In addition, the notarial deed alone is able to guarantee and limit the responsibilities of mayors, both civil and criminal.