The provisions of the Town Planning Code relating to the right of pre-emption in urban areas were amended by Law No. 2014-366 of March 24, 2014 (the ALUR Law). As such, Article L.213-2, paragraph 1 , now grants the holder of the right of pre-emption the possibility of sending the owner a single request for access to documents enabling them to assess the nature and condition of the building, as well as, where applicable, the social, financial, and asset situation of the real estate company. Similarly, paragraph 6 of the same article stipulates that " the holder of the right of pre-emption may request to visit the property under conditions set by decree ."
On December 22, 2014, two decrees were issued to implement these provisions. These two decrees apply to visit requests notified by the holder of the right of pre-emption to owners who have filed a declaration of intent to sell from January 1, 2015 .
I. Communication of documents
Decree No. 2014-1572 of December 22, 2014, establishing the list of documents that may be requested from the owner of a building by the holder of the right of pre-emption pursuant to Article L. 213-2 of the Town Planning Code, specifies the list of documents that may be requested from the owner of a building.
The holder of the right of pre-emption may, in particular, request the following documents:
- the technical diagnostic file
- the indication of the surface area of the premises or, if available, the measurement carried out by a professional;
- extracts from the preliminary sales contract containing significant information relating to the nature and condition of the property;
- provided they are mentioned in the prior declaration:
– the agreement or lease establishing real rights and, if they exist, its annexes, in particular the plans and inventory of fixtures;
– the agreement or lease establishing personal rights and, if they exist, its annexes, in particular the plans and inventory of fixtures;
- provided that it is mentioned in the prior declaration and that it has been published in the land registration register, the instrument establishing the easement and, if they exist, its annexes, in particular the plans and inventory of the premises;
- the up-to-date articles of association of the real estate company whose shares are being transferred;
- the books and documents prepared for the last closed financial year mentioned in article 1855 of the civil code;
- the financial statement prepared for the last completed financial year mentioned in Article 1856 of the Civil Code;
- In the absence of the documents mentioned in the two preceding paragraphs, a statement certified by the manager establishing the composition of the assets and liabilities of the real estate company and specifying the profit of the last closed financial year.
II. Property Visit
Decree No. 2014-1573 of December 22, 2014, setting out the conditions for the visit of the property by the holder of the right of pre-emption pursuant to Article L. 213-2 of the Town Planning Code, sets out the conditions for the visit of the property by the holder of the right of pre-emption.
A. Request for a visit
The request for a visit must be notified in writing to the owner or their representative, as well as to the notary (Art. D. 213-13-1 of the Town Planning Code).
The request must specify:
- the references of the prior declaration;
- the provisions of article L. 213-2 of the Town Planning Code and those of articles D. 213-13-2 and D. 213-13-3 of the same code, in visible characters;
- the name and contact details of the person or persons whom the owner, their agent or the notary can contact to determine the arrangements for the visit;
- that the visit must be made in the presence of the owner or his representative and the holder of the right of pre-emption or the person mandated by the latter.
B. Acceptance of the visit
Acceptance must be given in writing within eight days of the date of receipt of the request for a visit (Art. D.213-13-2 of the Town Planning Code).
If the visit is accepted, the owner, their agent, or the notary must inform the occupants of the building.
C. Refusal of visit
The owner may refuse to allow a viewing of the property (Article D.213-13-3 of the Town Planning Code). The refusal must then be notified within eight days of the date of receipt of the viewing request.
If no response is received within this period, the refusal is tacit.
D. Visit arrangements
The visit must take place within fifteen calendar days of receiving confirmation of acceptance, excluding Saturdays, Sundays, and public holidays. Failure to visit within this timeframe constitutes either a refusal or a waiver of the right of visit.
During the visit, a joint report must be drawn up and signed by the owner or their representative and by the holder of the right of pre-emption or a person authorized by them. The report must state the date of the visit and the names and capacities of the persons present.
