Urban pre-emption right: documents, property visit and DIA deadlines
The urban pre-emption right allows a public entity to acquire, as a priority, a property put up for sale in a designated area. When an owner intends to sell, they must, with few exceptions, submit a declaration of intent to sell, commonly known as a DIA, to the municipality.
From the date of receipt of this declaration, the holder of the right of pre-emption has in principle two months to decide whether to renounce the acquisition, to acquire the property under the proposed conditions or, in certain circumstances, to submit an offer at a different price.
To make an informed decision, the holder of the urban pre-emption right can request certain documents from the owner. They can also request a site visit.
These procedures are strictly regulated. Their main effect is to suspend the two-month period applicable to the exercise of the right of pre-emption.
Article updated on September 2, 2026
Why request documents or visit the property?
The declaration of intent to sell specifies, in particular, the price and conditions of the proposed sale. However, this information may not be sufficient to accurately assess:
- the consistency of the asset;
- its material condition;
- his occupation;
- the rights and obligations that affect it;
- its environmental situation;
- or, in the event of a transfer of shares in a real estate company, the social, financial and asset situation of that company.
Article L. 213-2 of the Town Planning Code therefore allows the holder of the right of pre-emption to send the owner a single request for communication of documents and to request to visit the property.
What documents can be requested in the context of urban pre-emption rights?
The request for documents cannot relate to just any information. The list of documents that may be requested is exhaustively defined by Article R. 213-7 of the Town Planning Code.
Depending on the nature of the asset and the transaction, this request may in particular concern the following categories of documents.
Diagnostics and technical documents
The holder of the right of pre-emption may request the diagnostic reports and technical information applicable to the property, which may include:
- the technical diagnostic file;
- information relating to certain environmental risks;
- technical documents applicable to a building in co-ownership;
- the indication of the surface area of the premises or the measurement carried out by a professional;
- documents relating to the condition of the property or to soil pollution when required by regulations.
The communication of these documents allows the holder to assess the physical and environmental condition of the building as well as any work or constraints that may affect its acquisition.
Elements of the preliminary contract
Extracts from the preliminary sales agreement or the preliminary sales agreement containing significant information relating to the property's condition and state may also be requested.
This option does not necessarily authorize the disclosure of the entire preliminary contract. It concerns the stipulations useful for assessing the property and the planned transaction.
Agreements, leases and easements
Subject to the conditions set out in the Town Planning Code, the application may relate to:
- agreements or leases that create real rights;
- agreements or leases that establish personal rights;
- their appendices, including plans and condition reports;
- the deeds establishing easements and their annexes.
These documents are particularly important when the property is rented, occupied, or encumbered with rights that may affect its use.
Documents relating to a real estate civil society
When the right of pre-emption concerns the transfer of a majority of the shares in a real estate company, the holder may, in particular, request:
- the up-to-date articles of association of the SCI;
- the books and documents prepared for the last completed financial year;
- the manager's accountability report;
- Failing that, a statement certified by the manager showing the composition of assets and liabilities as well as the result of the last financial year closed.
These elements should allow the holder to assess not only the value of the property, but also the asset and financial situation of the company whose shares are being transferred.
The document request must be a single request
ArticleL. 213-2 of the Town Planning Code provides for a single request for communication.
The holder of the right of pre-emption must therefore identify, in a single request, the documents he considers he needs from among those exhaustively provided for by the text.
This rule aims to avoid the successive multiplication of requests which artificially prolong the processing of the declaration of intent to alienate.
What is the effect of the demand on the time limit for the urban pre-emption right?
The holder of the right of pre-emption normally has two months from receipt of the DIA (Declaration of Intent to Alienate) to respond. Their silence after this period constitutes a waiver of the right of pre-emption.
The owner's receipt of a request for documents or a request for a visit suspends this period.
The deadline resumes:
- from the date of receipt of the documents by the holder of the right of pre-emption;
- from the date of the owner's express or tacit refusal to allow the visit;
- or from the date of the visit.
When the remaining period is less than one month, the holder of the right of pre-emption has one month to make their decision.
The date of receipt of requests, documents, and responses is therefore of crucial importance. Each party must retain precise proof of its submissions and their receipt.
How to organize a property visit in relation to urban pre-emption rights?
The request for a visit must be made in writing.
It is notified by the holder of the right of pre-emption:
- to the owner or his agent;
- as well as to the notary mentioned in the declaration of intent to sell.
The application must, in particular:
- indicate the DIA references;
- reproduce, in legible characters, the provisions required by the Town Planning Code;
- specify the name and contact details of the people to contact to organize the visit;
- indicate that the visit must take place in the presence of the owner or his representative and the holder of the right of pre-emption or the person he has mandated.
An incomplete or improperly notified application may give rise to a dispute regarding the suspension of the pre-emption period.
Can the owner refuse the visit?
The owner remains free to accept or refuse the visit.
Acceptance must be made in writing and notified to the holder of the right of pre-emption within eight days of receipt of the request.
The refusal must also be notified within this timeframe. If the owner does not respond within eight days, the refusal is tacit.
Refusal to allow a viewing does not constitute a waiver of the sale. It ends the suspension caused by the request for a viewing and restarts the period granted to the holder to decide whether or not to exercise their right of pre-emption.
How does the visit proceed?
When the owner agrees to the visit, it must take place within fifteen calendar days of receiving the acceptance.
The visit cannot take place on a Saturday, Sunday or public holiday.
The owner, their agent, or the notary must inform the building's occupants of the acceptance of the visit. The visit must take place in the presence of:
- of the owner or his representative;
- and the holder of the right of pre-emption or the person mandated by the latter.
A joint report is drawn up on the day of the visit. It specifies the date, the names and titles of the people present, and is then signed by the representatives of both parties.
If the visit does not take place within the allotted time, this absence will be considered, depending on the circumstances, either a refusal of the visit or a waiver of the request for a visit. The period for exercising the right of pre-emption will then resume.
What are the main risks associated with urban pre-emption rights?
For the seller and their notary, it is particularly important to:
- verify the regularity and content of the application;
- to precisely identify its date of receipt;
- respond within the required timeframe;
- submit complete documents that comply with the legal list;
- retain proof of their transmission and receipt;
- calculate the new expiry date of the pre-emption period;
- inform the occupants when a visit is accepted;
- keep the joint report established during the visit.
For the holder of the right of pre-emption, it is important to submit a single, precise request limited to the documents legally required. They must also ensure that notifications are sent correctly and that the remaining time after the suspension period ends is accurately calculated.
An error in calculating the time limits or in the procedure followed may affect the legality of the pre-emption decision or, conversely, lead to the conclusion that the holder has waived their right to exercise it.
Need assistance with a pre-emption procedure?
The real estate law department of ARST Avocats assists owners, buyers, real estate professionals and public entities in the analysis of declarations of intent to sell, requests for documents, visits and decisions taken within the framework of urban pre-emption rights.
Our team can also intervene urgently when a difficulty arises concerning the regularity of the procedure, the calculation of deadlines, or the contesting of a pre-emption decision. To contact us.
Article written by Morgan Jamet.
