Droit de Préemption

When a seller puts their property on the market, certain authorities have the right to purchase the property in priority. This is called the “Droit de Droit de pre emption“.

There are two rights of Droit de pre emption – the right quoted by the Law of 31st December 1975 and the right granted by the Law of 6th July 1989. The Law of 1975 relates to “occupied” premises and gives the tenant a “lot de copropriété” a right of pre-emption when the landlord sells occupied premises for the first time following the division of the property into a condominium. The landlord sends a notification to the tenant who has one month within which to reply. Where he wishes to buy the property he has two months to complete the purchase or four months if the tenant requires a loan.

The Law of 1989 relates to unoccupied premises. The landlord who wants to sell his empty premises has to send a notification called “congé pour vendre” to the tenant six months before the end of the lease and the tenant has two months within which to reply. The same rules apply as those in the 1975 Law should the tenant wish to purchase.

The Laws of 1975 and 1989 provide security for the tenant if the Landlord sells the property without notifying the tenant or sells the property at a lower price. The tenant can within one month following completion take priority over the purchaser.

There is also the “Droit de pré emption Urbain” (DPU). The Mairie’s (Town Hall) office can exercise the right where the property or land is required for development purposes including public works, leisure facilities etc.

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