The Content Of The Article:

The sale of a home inevitably passes through a set of administrative checks. Thus, it must be ensured that the property is not subject to a right of pre-emption. Discover the basic principle of the right of pre-emption, its application in case of rented housing and in the zones DPU.

The right of preemption, what is it?

For thata real estate transaction can be concluded, the owner, or more generally the notary in charge of administrative procedures, must first ensure that the housing is not subject to a right of first refusal.

In the presence of such a right, the acquisition of the property must be proposed in priority to its beneficiary. The latter can then replace (or not) the prospective buyer. This approach is called the purge".

There are many pre-emption rights that each relate to a specific beneficiary. The most common being:

  • the lessee's right of first refusal;
  • the urban preemption right (DPU).

Sale of a dwelling: tenant's right of first refusal

1. The lessee benefits from the pre-emptive right in the event of the first sale of a unit which has been the subject of a division.

2. The owner must then notify him the price and conditions of sale of the property, by registered letter with acknowledgment of receipt.

3. The tenant therefore benefits from a delay of 2 months to make known his intentions.

4. If he does not wish to acquire the property, the municipality then recovers the right of first refusal.

5. If he agrees to buy the property at the asking price, the tenant has a delay of 2 months to close the sale (increased to 4 months if borrowing).

Sale of a dwelling: right of urban preemption

Local authorities (ie municipalities) have an urban pre-emptive right which enables them to acquire priority goods offered for sale in one of the areas concerned by this right.

A procedure which must thus allow the implementation of "operation of general interest", such as for example: the installation of public facilities.

Properties affected by the DPU:

  • any construction completed for at least 10 years;
  • any title of real estate company (certain conditions must however be respected here to assert the DPU).

Note: some assets are exempt from the DPU, including those donated or inherited.


Video Instruction: Q&A Sat - What is The Right of 1st Refusal?