CHAPTER I RIGHT OF URBAN PREEMPTION
LexInter | August 23, 2003 | 0 Comments

CHAPTER I RIGHT OF URBAN PREEMPTION

Chapter I: Urban pre-emption right

Article L211-1

(Law n ° 75-1328 of December 31, 1975 art. 25 Official Journal of January 3, 1976 in force on April 1, 1976)
(Law n ° 85-729 of July 18, 1985 art. 6 I, II, art. 26 X Official Journal of July 19, 1985 in force on June 1, 1987)
(Law nº 86-1290 of December 23, 1986 art. 68 I, II and III Official Journal of December 24, 1986 in force on June 1, 1987)
(Law n ° 91-662 of July 13, 1991 art. 35 Official Journal of July 19, 1991)
(Law n ° 2000-1208 of December 13, 2000 art. 202 I, XXIX Official Journal of December 14, 2000)
(law n ° 2003-590 of July 2, 2003 art. 41 Official Journal of July 3, 2003)
   Municipalities with a public land use plan or an approved local urban plan may, by deliberation, institute an urban pre-emption right over all or part of the urban areas and demarcated future urbanization areas. by this plan as well as over all or part of their territory covered by a safeguard and development plan made public or approved in application of Article L. 313-1 when no zone has been created. deferred development or provisional perimeter of deferred development zone in these territories.
The municipal councils of municipalities with an approved municipal card may, with a view to the realization of an equipment or a development operation, institute a right of pre-emption in one or more perimeters delimited by the card. The deliberation specifies, for each perimeter, the equipment or the planned operation.
This right of pre-emption is open to the municipality. The municipal council may decide to remove it from all or part of the areas considered. He may subsequently re-establish it under the same conditions.
When a subdivision has been authorized or a concerted development zone has been created, the municipality can exclude from the scope of application of the urban pre-emption right the sale of lots resulting from the said subdivision or the transfers of land by the person in charge of the development. of the concerted development zone. In this case, the deliberation of the municipal council is valid for a period of five years from the day on which the deliberation is enforceable.

Article L211-2

(Law n ° 75-1328 of December 31, 1975 art. 25 Official Journal of January 3, 1976 in force on April 1, 1976)
(Law n ° 84-595 of July 12, 1984 art. 37 I Official Journal of July 13, 1984 corrigendum JORF JULY 21, 1984)
(Law n ° 85-729 of July 18, 1985 art. 6 I, II, art. 26 X Official Journal of July 19, 1985 in force on June 1, 1987)
   When the municipality is part of a public inter-municipal cooperation establishment intended to do so, it may, in agreement with this establishment, delegate to it all or part of the powers assigned to it by this chapter.
   However, when a public inter-municipal cooperation establishment is competent, by law or its statutes, for the preparation of town-planning documents and the creation of concerted development zones, this establishment is automatically competent in matters of urban pre-emption right.

Article L211-4

(Law n ° 75-1328 of December 31, 1975 art. 25 Official Journal of January 3, 1976 in force on April 1, 1976)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 6 I, IV art. 26 X Official Journal of July 19, 1985 in force on June 1, 1987)
   This right of pre-emption is not applicable:
   a) To the alienation of one or more lots consisting either of a single premises for residential use, professional use or professional and residential use, or by such premises and its ancillary premises, either by one or more ancillary premises of such premises, included in a building effectively subject, at the date of the alienation project, to the co-ownership regime, or following total or partial sharing of an allocation company, i.e. for at least ten years in cases where the co-ownership does not result from such a sharing, the date of publication of the co-ownership regulations at the mortgage office constituting the starting point of this time limit.

b) To the transfer of units or shares of companies referred to in titles II and III of law no. 71-579 of July 16, 1971 and giving vocation to the allocation of a living room, a professional room or a mixed room and the premises which are ancillary to it.

c) To the alienation of a built building, for a period of ten years from its completion.

However, by reasoned deliberation, the municipality may decide to apply this right of pre-emption to the alienations and transfers mentioned in this article on all or certain parts of the territory subject to this right.

Article L211-5

(Law n ° 75-1328 of December 31, 1975 art. 25 Official Journal of January 3, 1976 in force on April 1, 1976)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(inserted by Law n ° 85-729 of July 18, 1985 art. 6 I, V art. 26 X Official Journal of July 19, 1985 in force on June 1, 1987)
   Any owner of a good subject to the right of pre-emption can offer to the holder of this right the acquisition of this good, by indicating the price which he asks for it. The holder must make a decision within two months of the said proposal, a copy of which must be sent by the mayor to the director of tax services.
   In the absence of an amicable agreement, the price is fixed by the competent court in matters of expropriation according to the rules mentioned in article L. 213-4.
In the event of acquisition, the holder of the pre-emption right must pay the price no later than six months after his decision to acquire the property at the requested price or six months after the final decision of the court.

In the event of refusal or lack of response from the holder of the right of pre-emption within the period of two months provided for in the first paragraph, the owner shall benefit from the provisions of article L. 213-8.

In the absence of payment or, if there is an obstacle to payment, deposit of the amount due at the expiry of the period provided for in the third paragraph, the property is, at their request, returned to the former owner or to its universal successors or by virtue of universal title who take over their free disposal. In the event that the transfer of ownership has not been noted by a notarial or authentic deed in administrative form, the retrocession takes place by deed under private signature.
The provisions of Articles L. 213-11 and L. 213-12 do not apply to property acquired under the conditions provided for in this article.

Article L211-7

(Law n ° 75-1328 of December 31, 1975 art. 25 Official Journal of January 3, 1976 in force on April 1, 1976)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 6 I, V, art. 26 X Official Journal of July 19, 1985 in force on June 1, 1987)
A decree in the Council of State determines, as necessary, the conditions of application of this chapter.

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