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Office Notarial de Baillargues
340 rue des Écoles
34670 BAILLARGUES
Tel. (33) 04 67 87 66 15
Fax (33) 04 67 70 06 51
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| If you’re buying, building or altering a property in France, there are certain French planning laws you should be aware of...
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Compulsory purchase orders |
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You’ve found your dream house in the south of France, you’ve agreed the price with the seller and you’ve got your finance in place. But there’s still one more obstacle to get through.
On behalf of the seller, the notary has to contact any beneficiaries who have a “droit de premption” – that is, the right to buy the house before you do - to see if they want to exercise their rights.
Depending upon the property’s location, it could be subject to several of these “rights of pre-emption”. The most common is the “droit de premption urbain” or DPU - the local town’s right to compulsory purchase.
The DPU allows communities, or their delegated representatives, to acquire French properties when the land is needed for a local project - for example, to extend an adjacent school.
Every application for compulsory purchase must clearly state the aims of the project for which the property is being acquired. A judge will decide whether there are sufficient grounds for allowing the compulsory purchase.
How does the DPU work?
When the owner of a “droit de premption” receives the notary’s letter about the proposed sale, they have two months to notify the seller of their decision.
If they don’t wish to exercise their right, they may either state this to the seller or remain silent (in which case they tacitly waive their right to buy). In these circumstances, you can go ahead and buy the property freely.
If the local authority decides to buy, they must notify the seller within two months. They may accept the price and conditions proposed by the seller, or they can offer another price. If no agreement can be reached on a price, the compulsory purchase will take place at a price fixed by a judge.
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