Can a property subject to a municipality’s right of pre-emption be sold freely?

No. The notary must submit a Declaration of Intent to Alienate (Déclaration d’Intention d’Aliéner – DIA) to the municipality. In principle, the municipality has two months to exercise or waive its right of pre-emption (Article L. 213-2 of the French Urban Planning Code). In the event of disagreement over the sale price, you may refer the matter to the competent judicial court (tribunal judiciaire) or decide not to sell the property.