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While the use of private property is mainly covered by the rules on private law, the use of the public domain requires complying with a large number of special rules such as authorisations, which are temporary and revocable, the ban on signing a commercial
lease
, etc.
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Pinel Act 2014 enshrines, however, the principle that a business may be operated on public property subject to the existence of own customers.
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Experience shows that it is not always easy to determine whether property belonging to a local authority is in the public domain or not.
But the issue is of utmost importance as it determines whether or not the envisaged instruments can be drawn up.
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The situation needs to be examined by a Notaire in close cooperation with the local authorities’ representatives. The Notaire responsible for drawing up the
instruments
will take great care. As a public officer, the Notaire is liable for ensuring that his/her instruments are effective.