The provisions of the Town Planning Code relating to the urban pre-emption right were amended by law no. 2014-366 of March 24, 2014 (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 communication of documents allowing the consistency and condition of the property to be assessed. building, as well as, where applicable, the social, financial and property situation of the real estate civil society. Similarly, paragraph 6 of the same article provides that " the holder of the right of first refusal may request to visit the property under conditions set by decree ".
On December 22, 2014, two decrees were issued for the application of these provisions. These two decrees apply to inspection requests notified by the holder of the right of pre-emption to the owners, who have filed a declaration of intent to alienate as of January 1 , 2015.
I. Disclosure of documents
Decree No. 2014-1572 of December 22, 2014 setting the list of documents likely to be requested from the owner of a building by the holder of the right of first refusal pursuant to Article L. 213-2 of the planning, determines the list of documents likely to be requested from the owner of a building.
The holder of the right of first refusal may in particular request the communication of the following documents:
- the technical diagnostic file
- the indication of the surface area of the premises or, if there is one, the measurement carried out by a professional;
- extracts from the preliminary sales contract containing the significant elements relating to the consistency and condition of the building;
- provided that they are mentioned in the prior declaration:
– the agreement or the lease constituting real rights and, if they exist, its appendices, in particular the plans and inventory of fixtures;
– the agreement or the lease constituting personal rights and, if they exist, its appendices, 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 registry, the deed constituting the easement and, if they exist, its annexes, in particular the plans and inventory of fixtures;
- the updated statutes of the civil real estate company whose shares are transferred;
- the books and documents established for the last closed financial year mentioned in article 1855 of the civil code;
- the accountability report drawn up for the last closed 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 as well as the liabilities of the real estate company and specifying the profit for the last closed financial year.
II. Visit of the property
Decree No. 2014-1573 of December 22, 2014 setting 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 the conditions for the visit of the property by the holder of the right of first refusal.
A. Request for visit
The visit request must be notified in writing to the owner or his 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(s) that the owner, his representative or the notary can contact to determine the terms of the visit;
- that the visit must be made in the presence of the owner or his representative and the holder of the right of first refusal or the person authorized by the latter.
B. Acceptance of the visit
Acceptance must be made in writing within eight days from the date of receipt of the visit request (Art. D.213-13-2 of the Town Planning Code).
If the visit is accepted, the owner, his representative or the notary must inform the occupants of the building.
C. Refusal of visit
The owner may refuse to visit the property (Art. D.213-13-3 of the Town Planning Code).
The refusal must then be notified within eight days from the date of receipt of the visit request. In the absence of a response within this period, the refusal is tacit.
D. Terms of visit
The visit must take place within fifteen calendar days of receipt of acceptance of the visit, excluding Saturdays, Sundays and public holidays.
The absence of a visit within the time limit is worth either refusal of the visit or waiver of it. During the visit, a contradictory report must be drawn up and signed by the owner or his representative and by the holder of the right of first refusal or a person authorized by him. The statement must mention the date of the visit, the names and qualities of the persons present.
