Heading 5-Operations involving real estate and business assets
51. Amicable acquisition of buildings for valuable consideration
.
511. Simple sale
5111.
5111 Immobilisation indemnity
1. Deliberation authorising the executive authority to conclude the sale agreement
.
2. Promise of sale specifying the terms and conditions for granting and paying an immobilisation indemnity.
5112. Acquisition by deed drawn up in administrative form
51121. The deed is already published in the real estate register
511211. General documents
1. Deliberation authorising the acquisition
.
2. Dispatch of the title deed bearing the registration number and the registration number, specifying the payment terms and specifying where the payment is to be used.
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3. Declaration of capital gains relating to the transfer or mention in the deed of the nature and basis of the exemption or absence of taxation (1).
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4. Settlement of principal and interest.
(1) However, it is accepted that a declaration or annotation of the deed by which the seller declares under his responsibility that the transfer does not fall within the scope of taxation of capital gains for private individuals may replace an express mention in the deed.
511212. Specific documents
5112121 Property not subject to charges
Reply statement attesting to the absence of registration (2) issued, dated, signed and certified (3) by the head of the land registry service whose certification period extends to the latest of the following:
– the publication of the deed of sale;
or
– two months from the date of the deed of acquisition of the property by the seller.
(2) No mortgages, liens or pledges have been registered.
(3) The signature and certification statement is not required when the reply statement is issued by Télé@ctes.
<5112122. Case of a property subject to encumbrances
Reply statement showing registrations that are still valid issued, dated, signed and certified (3) by the person in charge of the land registry service whose certification period runs until the latest of the following dates:
– the publication of the deed transferring ownership;
or
– two months from the date of the deed of acquisition of the property by the seller.
a) Payment of the sale price
Cancellation certificate issued by the person in charge of the land registry, authenticated receipt, other notarial deed or court decision discharging the registration (4) (5).
b) Deposit of the sale price
Decision prescribing deposit
> c) Dispensation to complete the transaction
c) Dispensing with completion of purge formalities
Decision (6) waiving the purge of rights in rem in immovable property where they do not exceed 7700 euros, in accordance with article R. 3213-8 of the general code of local authorities.
d) Down payment
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1. Decision by the executive authority requiring payment of a deposit on the price.
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2. Decision requiring deposit of the balance of the price.
(4) All the supporting documents referred to above shall be produced in the original. However, where these documents have been deposited with a notary, the originals may be replaced by the production of a copy of the deed of deposit and copies issued in extenso by the notary.
(5) The documents shall only be produced by the authorising officer if they have been supplied to him by the vendor; if these documents are not produced, the mortgage situation shall be deemed to have been established with regard to the vendor by the statements in the statement issued by the person in charge of the land registration department.
(6) This decision is the responsibility of the director for public health establishments and the governing body in other cases.
51122. The deed is pending publication in the real estate register
1. Documents referred to in 1, 3 and 4 of heading 511211.
2. Dispatch of the title deed specifying the terms of payment and specifying the destination of the payment.
3. Statement of reply certifying the absence of registration (2) issued, dated, signed and certified (3) by the head of the land registry department whose certificate of deposit mentions the transfer deed concerned and whose certification period expires after the latest of the following deadlines:
– the period of one month from the date of filing of the deed (7);
or
– within two months of the date of the deed of acquisition of the property by the vendor.
(7) Coverage of the latter time limit by the reply statement is not required where the authorising officer certifies that the deed has not been the subject of notification of a reason for rejection by the head of the land registry department within one month of the deed being filed.
5113. Acquisition by notarial deed
1. Documents required under headings 1 and 4 of 511211.
2. Authentic copies (8) of the title deed specifying that payment will be made in the notary’s accounts by administrative order.
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3. Certificate from the notary in which he certifies under his responsibility that, to his knowledge, there is no previous sale or promise to sell.
(8) The production of the original authentic copy may be replaced by a photocopy of this authentic copy or by a simple photocopy of the minutes.
512. In the form of a sale in the future state of completion
5121. Guarantee deposit
1. Deliberation authorising signature of the preliminary contract.
2. Preliminary contract specifying the amount of the security deposit or the procedures for determining it, the date on which the final sales contract may be concluded, the provisional sale price and, where applicable, the procedures for revising it.
5122. Sale price
51221. Payment is made to the vendor
.
512211. First payment
1. The notarised contract of sale in the future state of completion, bearing the mention of publication in the property register, specifying the price (8), the terms of payment and any revisions.
> The contract of sale in the future state of completion, bearing the mention of publication in the property register, specifying the price (8), the terms of payment and any revisions.
2. Documents required under heading 51121 except documents no. 2 under heading 511211.
512212. Subsequent payments
Settlement of principal and interest.
51222. Payment is made in the hands of a notary
512221. First payment
1. The notarised contract of sale in the future state of completion specifying the price, the terms of payment and any revision, and specifying that payment is made into the notary’s accounts by administrative mandate.
2. Documents provided for under heading 5113 except document no. 2.
512222. Subsequent payments
Settlement of principal and interest.
513. In the form of a life sale
5131. First payment
As applicable, documents provided for under heading 511.
5132. Other payments
Settlement.
514. Acquisition by way of exchange – balance
.
As applicable, documents required under item 511.
52. Amicable acquisitions of real estate free of charge (9)
(9) The fact that the acquisition is free of charge does not preclude the acceptance of charges honoured in accordance with the conditions set out in this list.
521. Direct administration of gifts and bequests
5211. expenses paid before final acceptance
52111. First payment
1. Decision of the deliberative assembly or the executive authority (10)
.
2. Copy of the deed of gratuitous disposal
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3. Where applicable (11), application for the issue of a legacy.
4. Supporting documents for transactions included in this list.
52112. Other payments
Supporting documents for transactions provided for in this list bearing reference to the first mandate.
(10) Provisional acceptance is given by the executive in the case of public health establishments, public social and medico-social establishments and communal or inter-communal social action centres; it may be given by the mayor or the chairman of the general council.
(11) Except where, in the absence of a reserved heir, the local authority or institution is a universal legatee.
5212. Expenses paid after final acceptance
.
52121 First payment
1. Decision of the deliberative assembly or the authority vested with executive power.
2. Copy of the deed of gratuitous disposal
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3. Proof of completion of publicity formalities
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4. Statement of reply issued, dated, signed and certified (3) by the person in charge of the land registry service whose certification period expires at least two months after the deed of acquisition of the property by the testator or donee.
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5. Where applicable, a decision waiving the purge of rights in rem in immovable property.
6. Where applicable, a copy of the deed of usufruct and a copy of the guarantee provided by the usufructuary.
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7. Supporting documents for the transactions provided for in this list.
52122 Other payments
Supporting documents for operations provided for in this list bearing reference to the first mandate.
522. Administration by third parties of gifts and bequests
5221. Execution of mandate
1. Copy of the mandate setting out the conditions of execution (to be attached to the first payment).
2. Annual statement of transactions
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3. Supporting documents for transactions
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4. Decision approving the documents referred to in numbers 2 and 3.
5222. At the end of the mandate
1. Documents referred to in 2 and 3 of item 5221.
2. Final account
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3. Decision approving the documents referred to in 1 and 2.
523. Amendment of conditions and charges attached to a gift
.
5231. Amicable modification (12)
1. Order of the representative of the State in the department authorising the revision of the conditions and charges.
2. Where applicable (13), an agreement between the establishment and the donor or his successors stipulating the new conditions and charges.
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3. Supporting documents for the transactions.
(12) Only for public health institutions.
(13) This document is not required if the prefectoral order specifies the new conditions and charges attached to the donation.
5232. Judicial amendment
1. Copy of the court decision specifying the new conditions and charges attached to the gift.
2. Supporting documents for the transactions.
53. Acquisition of real estate by coercion
.
531. Expropriation in the public interest
.
5311. Payment of compensation to the owner of the property or the holder of a right in rem expropriated as a principal right (14)
(14) Plans, minutes, certificates, notifications, contracts and other acts, made pursuant to Title I and Chapter I of Title II of the Code de l’expropriation pour cause d’utilité publique, are exempt from the formality of registration, with the exception of court decisions, contracts of sale, deeds fixing compensation and receipts which, where applicable, are subject free of charge to registration or to the merged formality referred to in article 647 of the General Tax Code (article 1045 I of the General Tax Code).
Copies of deeds subject to registration and land registration must contain a verbatim record of the publication and registration. Where the expropriation concerns property belonging to different people, the joint documents are produced only once. They must be produced in duplicate if the payments are not made at the same time.
When the deposit of the indemnity is motivated by various obstacles to payment, the deposit decision must mention the various reasons for the deposit. Except in special cases, such as the taking of possession before the compensation has been definitively fixed, or for practical reasons relating to the computerised organisation of the authorising or accounting departments, in principle only one authorisation is drawn up for the payment of the total compensation awarded to an expropriated person, whatever the purpose of the funds: partial payment and partial deposit.
53111. Justification for the declaration of public interest
1. Deliberation of intention to acquire by way of expropriation in the public interest.
2. Copy of the deed declaring the property to be in the public interest or mention in the deed transferring ownership (deed of amicable transfer or expropriation order) of this declaration of public interest and, where applicable, of the deed extending its validity.
53112. Justification for determining the property expropriated or the real right expropriated as a principal right
If the act declaring the public interest does not mention the list of property to be expropriated or real rights to be expropriated as a principal right, a copy of the transferability order (15) bearing:
– identification of the property to be expropriated or the real right to be expropriated as the main right;
– identification of the holder of the right or a statement that such identification has not been possible;
or
– certificate stating that the expropriated party has consented to the amicable transfer of his property before the transferability order is issued.
(15) This copy may be replaced by the endorsement of the transferability order in the deed transferring ownership (deed of amicable transfer or expropriation order).
53113. Justification of transfer of ownership or extinction of a real right expropriated as a principal right and justification of rights
531131. Right of ownership
a) Transfer by means of an amicable sale agreed before the declaration of public interest is made (16)
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1. Copy of the deed of sale, this deed being registered and published in the property register (17).
2. Copy of the order recording the amicable sale thus agreed, duly published in the real estate register and mentioning the date of notification, unless the expropriated party acquiesced before notification of the order.
3. Copy of the deed of acquiescence to the order made.
b) Transfer by amicable agreement after the declaration of public interest has been made
1. Copy of the amicable agreement, this act being registered and published in the real estate register (17).
2. Depending on the case:
– mortgage statement required from the expropriated party where this statement does not reveal, since the transcription or publication of the deed establishing the expropriated party’s right, any transfer or extinctive act relating to this right;
– an extract from the land registry documents showing the expropriated party’s entry in the land registry documents in respect of the expropriated property;
– an extract from the land registry documents and a statement, either in the amicable agreement or in a deed establishing the origin of ownership, of the conditions under which the expropriated property passed from the owner designated in the land registry documents to the owner agreeing to the sale;
– deed of origin of ownership, unless this is mentioned in the amicable agreement.
c) Transfer by expropriation order
.
1. Copy of the expropriation order registered and published in the property register, mentioning the date of notification, unless the interested party acquiesced prior to notification of the order.
2. Depending on the case:
– if the expropriated party is identified in the expropriation order, justification of his right under the conditions set out in section 531131-b, exhibit 2;
– if the expropriated party is not identified in the expropriation order, but if he has provided proof of his right of ownership in accordance with the rules of ordinary law: deed of origin of ownership, failing which, consignment decision based on the absence of proof of right of ownership.
(16) The effects of expropriation are also attached to an out-of-court sale granted prior to the declaration of public interest on the twofold condition that the declaration of public interest has been made and that, by order, the expropriation judge has recorded this out-of-court sale. Where the sale by mutual agreement has not given rise to these formalities, the sale price is paid in accordance with the conditions set out in heading 511 of this list.
(17) The mention of registration in the real estate register and the mention of registration need not be required when the funds are remitted to the notary and the notary produces a certificate by which he undertakes to take responsibility for any sums which, after payment to the vendor of the purchase price, prove to be due, following registration in the real estate register, to registered creditors or to another owner.
531132. Right in rem expropriated on a principal basis
a) Termination by amicable agreement before the act declaring the property to be in the public interest
1. Copy of the amicable agreement indicating the origin of the property, the origin of the easement, the dominant land and the servient land, this deed being registered and published in the property register (17).
2. Exhibits 2 and 3 referred to in 531131-a.
b) Termination by amicable agreement after the deed declaring the public interest has been executed
1. Copy of the amicable agreement indicating the origin of the easement, the dominant land and the servient land, this act being registered and published in the property register (17).
2. Exhibit 2 provided for under heading 531131-b.
c) Termination by expropriation order
1. Exhibits 1 and 2 referred to in 531131-c.
2. Administrative certificate indicating the origin of the easement, the dominant land and the servient land.
53114. Justification of the amount of compensation where this has not been fixed in the deed of amicable transfer
531141. Where compensation has been fixed by mutual agreement
1. Copy of the amicable agreement known as the “expropriation adhesion treaty”, where applicable, this act being registered.
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2. If the amicable agreement is reached during the judicial determination of compensation, a copy of the report drawn up by the expropriation judge.
531142. Where compensation has been fixed by court decision
a) Where the compensation fixed by a court decision is final
.
1. Copy or copy of the reasoned judgment fixing the compensation, with the date of service on the interested party indicated, unless the latter acquiesced in the judgment before it was served
.
2. As the case may be: a certificate of no appeal against the judgment setting the compensation, issued by the court clerk’s office on expiry of the one-month period from service of the judgment, or a copy of the deed of acquiescence to the judgment.
b) If the compensation fixed by the judgment is not final
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1. Copy or copy of the reasoned judgement fixing the compensation and mentioning the amount of the proposals made by the local authority.
2. Depending on the case:
– attestation from the authorising officer that the local authority wishes to take possession of it,
– if the local authority contests the amount set by the judge, decision to deposit up to the amount authorised by the expropriation judge.
3. Copy of the document referring the case to the Expropriation Division of the Court of Appeal
.
c) Case where the compensation fixed on appeal is final
1. Copy or copy of the reasoned judgement fixing the compensation and stating the amount of the proposals made by the local authority.
2. Depending on the case: certificate from the authorising officer stating that the local authority is not contesting the compensation set by the judgment,
>or
or
If the local authority disputes this amount, a decision to deposit the difference between the proposals made by the local authority and the amount of compensation set by the expropriation judge.
3. Copy of the document referring the case to the Expropriation Division of the Court of Appeal
.
d) Case where the compensation fixed on appeal is not final (appeal to the Supreme Court of Appeal)
>Please note
1. Copy or copy of the reasoned judgment fixing the compensation and ruling on the costs, mentioning the date of service on the interested party
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2. Copy of the document referring the case to the Cour de Cassation
.
e) Case where the judgment fixing the provisional indemnity is final (18)
1. Copy or copy of the judgment fixing the provisional indemnity and mentioning the date of service on the interested party, unless the latter has acquiesced in the judgment prior to service.
> The judgment must be served on the interested party.
2. As the case may be: certificate of non-appeal in cassation against the judgment setting the provisional compensation, issued by the registry of the chamber on expiry of the period of 2 months from the date of service of the judgment or copy of the deed of acquiescence to the judgment handed down.
f) Hypothetical situation where the judgment setting the provisional compensation is served on the interested party, unless the latter has acquiesced prior to service.
f) Situation where the judgment fixing the provisional compensation is not final (18)
1. Copy or despatch of the judgment awarding compensation and costs
.
2. Copy of the document referring the case to the Cour de Cassation.
(18) This is the special case of provisional compensation in the emergency taking of possession.
53115. Proof of the mortgage status of the expropriated property (19)
(19) In the case of a real right expropriated on a principal basis (easement), it is the owner of the dominant land who has the status of expropriated person and, it is on his behalf and on this land that the statement of registrations must be required.
531151. General case
1. Reply statement issued, dated, signed and certified (3) by the person in charge of the land registry office whose certification period extends to the latest of the following:
– publication of the deed transferring ownership (expropriation order, deed of sale or amicable agreement);
or
– two months from the date of the deed of acquisition by the seller of the property that is the subject of the expropriation procedure.
2. If there are registrations that have become devoid of purpose, a certificate of cancellation issued by the mortgage registrar, a notarised receipt, another notarised deed or a court decision discharging the registration (4) (20).
(20) The documents are only produced by the authorising officer if they have been supplied to him by the expropriated party; where these documents are not produced, the mortgage situation is deemed to be established with regard to the expropriated party by the statements in the statement issued by the head of the land registry service.
531152. Special case where compensation has been fixed by mutual agreement (21)
Administrative certificate mentioning the date on which the registered creditors were notified of the amicable agreement reached and stating that they did not require the compensation to be fixed by the judgment.
(21) Where the indemnity is less than or not more than 10% above the amount of the claim or claims and accessories secured by the registrations.
53116. Justification for the liquidation of the mandatement
531161. General case (22)
1. Statement of the amount due, in principal and, where applicable, in interest, if the expropriated party has requested payment, and reference, where applicable, to previous payments due. Any costs payable by the expropriated party may be deducted from the statement.
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2. If interest is paid, the expropriated party’s request, stating the date of receipt of the registered letter.
(22) The mortgage situation as it results from the documents referred to in item 5112121 certifies that no mortgage, lien or pledge has been registered.
531162. Special case of an alternative indemnity (22)
1. Exhibit no. 1 to item 531161.
2. Application by the expropriated party.
3. Deposit decision for the difference between the highest and lowest alternative compensation.
531163. Special case of mandating an available fraction of the indemnity in the event of the existence of mortgage inscriptions (23)
1. Document provided for in 1 of 531161.
2. Application by the expropriated party
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3. Calculation of the available portion of the compensation that may be paid
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4. Where applicable, certification by registered creditors as to the amount of sums remaining due on the amount of claims secured by the registrations and, where applicable, on unpaid interest.
(23) The mortgage situation as it results from the documents referred to in item 5112121 reveals at least one mortgage, lien or pledge registration that is still valid.
531164. Payment of compensation where liens, mortgages or pledges are registered (23) (24)
1. Decision (6) waiving the purge of rights in rem in immovable property where they do not exceed 7,700 euros, in accordance with article R. 3213-8 of the General Code of Local Authorities.
2. Voucher no. 1 for heading 531161.
(24) This item corresponds to the implementation of the 3rd paragraph of article R 13-69 of the code de l’expropriation pour cause d’utilité publique.
531165. Special case of the advance on compensation paid to owners occupying residential or business premises (22) (25)
1. Copy of the expropriation order registered and published in the real estate register and mentioning the date of notification, unless the interested party acquiesced prior to notification of the order.
2. As the case may be: certificate of non-appeal in cassation against the expropriation order issued on expiry of the 2-month period from notification of the order or copy of the deed of acquiescence to the order issued.
3. Request from the expropriated party for payment on account
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4. Justification of the expropriated party’s right by the expropriator, specifying in particular that the expropriation judge has been asked to set the compensation, that the expropriator will not be responsible for rehousing the expropriated party and indicating, in addition, the amount of the expropriator’s costed proposals and those of the property department.
(25) See article L. 13-28 of the code de l’expropriation pour cause d’utilité publique.
5312. Payment of compensation for movable property
53121 Ancillary compensation awarded to owners of expropriated buildings (26)
1. Justification of the right of ownership in the business (27).
2. Negative certificate or statement of registrations taken out on the business issued by the Registrar of the Commercial Court, both on behalf of the owner of the business and previous owners (28).
3. If the amount of the compensation set by amicable agreement does not exceed the amount of the registrations by 10%, an administrative certificate stating the date of notification of the agreement reached to the registered creditors and the absence of an application to have the compensation set by the judge (29).
(26) As the amount of these indemnities is fixed in the same deed as that relating to the indemnity concerning the property itself, their mandating follows the fate of the latter without there being any need to require further justification. However, if the owner of the expropriated property runs a business at the same address, the additional evidence referred to in this paragraph must be provided in support of the payment.
(27) This justification results from the origin of the ownership of the business mentioned, as the case may be, in the amicable agreement or in a separate deed recording the origin of the ownership, taking into account the period of validity of the registrations that may encumber a business.
The compensation awarded to the owner of the business shall be determined by the court.
(28) Since the compensation awarded corresponds to the damage caused by the loss of the right to the lease and to ancillary damage, including that resulting from the impossibility of carrying on business in the building, only creditors whose registration covers these elements of the business should be sought. It follows that the request for a statement of registrations only concerns registrations of the vendor’s preferential right, pledges of the business, legal mortgages of the Treasury and registrations of the general preferential right of social security.
In the case of a claim by a creditor, the creditor’s name must be included in the statement of registrations.
(29) In the case of an acquisition prior to the declaration of public interest, the notification to be made to the registered creditors may only take place after the order to give notice.
53122. Compensation allocated to farmers, tenants or other interested parties
1. Reference to the payment of the compensation awarded to the owner of the expropriated property or an undertaking by the expropriating authority to defer possession until the expropriation compensation has been paid or,
A copy of the agreement by which the owner of the expropriated property has agreed to defer possession until the expropriation compensation has been paid.
Copy of the agreement by which the owner agrees to take possession before payment of the expropriation compensation and the document proving the transfer of ownership
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2. Proof of the rights of the parties entitled to compensation, the status of the stakeholder or the decision to deposit the compensation.
3. Where the compensation has been fixed out of court, a copy of the duly approved agreement.
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4. Where the compensation has been fixed by a court decision, the documents required under heading 531142.
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5. In the specific case of a business owner, documents required under headings 2 and 3 of 53121.
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6. Proof that the payment has been settled: documents required under headings 1 and 2 of 531161.
53123. Advance payment of compensation
Documents provided for under heading 531165.
5313. Compensation for taking possession under special procedures defined by law and regulation (30)
1. Copy of the order of the representative of the State in the region or department.
2. Copy of the valuation of the provisional compensation by the property department
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3. Proof of the expropriated party’s right of ownership, in the form specified in article 1 of the decree of 13 February 1961.
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4. Statement of mortgages not subject to formality by the expropriated party and possibly by previous owners when the expropriated party’s right does not itself derive from a deed purging the mortgages.
> The expropriated party’s right to the property is not itself derived from a deed purging the mortgages.
5. Declaration in authenticated form signed by the expropriated owner undertaking not to grant any new registrations after the expropriating administration has taken possession, published in the property register.
(30) Example: special procedure instituted by law no. 70-612 designed to facilitate the elimination of substandard housing.
532. By pre-emption (31)
(31) These supporting documents under this heading are valid for the acquisition of property by way of pre-emption exercised within the framework of urban pre-emption rights, deferred development zones, peri-urban agricultural and natural areas and sensitive natural areas in the départements.
5321. Voluntary sales
53211. The price has been set amicably
532111. Transfer of ownership reiterated by deed
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1. Copy of proposal to purchase (32) or declaration of intention to dispose of (33)
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2. Decision to acquire (32) or decision to exercise the right of pre-emption (33)
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3. Depending on the case, documents required under heading 511 except for document 1 under heading 511211.
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or
or
Call for funds signed by the drafter of the deed relating to the transaction in question.
(32) Acquisition on direct proposal by the owner to the holder of the right of pre-emption.
(33) Acquisition on voluntary disposal.
532112. Transfer of ownership not reiterated by deed
.
1. Consignment decision based on the seller’s refusal to reiterate the sale.
2. Documents 1 and 2 referred to in heading 532111.
53212. The price has been fixed by the judge
532121 Deposit following referral to the expropriation judge
1. Decision to deposit
.
2. Act by which the court is seised
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3. Assessment established by the competent State authority.
532122 The judgment is final or the appeal judgment has been given (34)
(34) If no appeal is lodged within one month of its service, the judgment is final. An appeal judgment is final within the meaning of Article L. 213-3 of the Code de l’urbanisme without there being any need to consider the appeal in cassation.
5321221. General exhibit
a) The judgment is final.
1. Copy or expedition of the judgment fixing the price and mentioning the date of service on the interested party, unless the latter acquiesced in the judgment before it was served.
2. As the case may be: a certificate of no appeal against the judgment fixing the price, issued by the registry on expiry of the period of one month from the date of service of the judgment, or a copy of the deed of acquiescence to the judgment handed down.
b) The judgment of appeal, issued by the registry on expiry of the period of one month from the date of service of the judgment, or a copy of the deed of acquiescence to the judgment handed down.
b) The appeal judgment has been handed down
Copy or copy of the judgment fixing the price.
5321222. Specific documents
a) The transfer of ownership has been reiterated by authentic act.
Documents referred to under heading 532111
> b) The transfer of ownership was not carried out by deed.
b) The transfer of ownership has not been reiterated by authentic act without the parties having waived the transfer (35).
1. Documents 1 and 2 under heading 532111
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2. Certificate from the executive authority stating that the owner has not waived the transfer within two months of the court decision becoming final.
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3. Consignment decision.
(35) During a period of two months of the decision becoming final the parties may waive the transfer.
532123. The judgment is not final
1. Documents 1 and 2 referred to in 532111.
2. Copy or copy of the judgment fixing the compensation
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3. Deed by which the expropriation division of the Court of Appeal was referred to.
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4. Consignment decision.
53213. Negotiation fees
1. Fees stated in the declaration of intent to sell.
2. Fee note from the seller’s agent or mention of these fees in the deed of sale.
5322. Sales by auction
.
53221. General document
Decision to substitute for the successful bidder.
53222. Specific parts
532221. Prosecution costs, emoluments and disbursements
1. Statement of costs taxed by the judge drawn up by the prosecuting lawyer.
2. Invoice.
532222. Award price
Award title (36) published.
(36) The title of adjudication is issued by the registrar; it consists of a copy of the specifications as maintained or amended, and of the adjudication judgment, not including statements of mere formality, judgment or pleading and the decision to substitute for the successful bidder.
54. Transactions conferring the right to enjoy an immovable
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541. Transactions involving the leasing of goods
.
5411. Expenses incurred as a lessee
.
54111. Lease rent
.
541111. First payment
a) In the case of a written lease
.
1. Where applicable, decision approving the conclusion of the lease.
2. Lease
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b) In the case of an oral lease.
Acknowledgement of the lease, specifying the identity of the lessor and the terms of the lease.
541112. Subsequent payments (37)
1. Notice of due date, invoice or statement of account.
2. In the event of a review of the amount of rent, review statement.
3. In the event of an amendment to the terms of the contract, by amendment or if the amendment is the result of a change in legislation that is binding on the parties, a statement drawn up by the lessor referring to the provision in question.
4. In the event of a change of lessor, a deed establishing the status and rights of the new lessor.
(37) The mandate must refer to the mandate in support of which the copy of the contract was attached.
54112. Service charges
Statement of charges drawn up by the lessor.
5412. Expenses incurred as lessor
.
54121. Repayment of security deposit
.
1. Copy of lease agreement
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2. Statement of settlement.
54122. Compensation for eviction from a commercial lease
.
541221. Payment through an escrow agent
.
1. Termination agreement.
2. Deliberation authorising signature of the termination agreement
.
3. Where applicable, an escrow agreement (38).
(38) This escrow agreement is required if the termination agreement does not contain a clause to this effect.
541222. Payment without the intermediary of a third party escrow agent.
5412221. Payment to evicted lessee in absence of registered creditors.
1. Termination agreement.
2. Deliberation authorising the signature of the termination agreement.
3. Statement of registrations taken (39) negative or contains no registered creditors.
(39) This statement is issued by the clerk of the commercial court and its certification period must be effective until the date of the termination agreement.
5412222. Payment (40) to the evicted lessee in the presence of registered creditors
.
1. Certificate from the executive specifying the date of each notification made to registered creditors.
2. Statement of registrations taken (39) does not include registered creditors with preferential rights.
(40) Payment may not be made until one month after the last notification made to the registered creditors.
5412223. Deposit of eviction compensation.
1. Decision to deposit.
2. Statement of registrations taken (39) mentions registered creditors with preferential rights.
542. Occupation of the public domain
5421. Fees for occupying the public domain
Decision or contract fixing the occupation regime and the amount of the fee.
55. Transactions relating to businesses
.
551. Acquisition of land for commercial activities by exercising the right of pre-emption
.
1. Decision to exercise the right of pre-emption
.
2. Documents required under sub-heading 511. – “Acquisitions by mutual agreement of immovable property for valuable consideration – In the form of a simple sale” except item no. 1 of subheading 511211.
552. Acquisition of a business by mutual agreement or by pre-emption
.
5521. Payment of the price to the seller without the involvement of an intermediary
.
1. Decision of the deliberative assembly to acquire the business or decision to exercise the right of pre-emption.
>.
2. Deed of transfer of the business
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3. Copy of the publication of the sale in the legal gazette and the BODACC, stating that it has been registered
>.
4. Certificate from the authorising officer certifying that no objection to payment has been made to him
>.
5. Copy of the declaration of the total or partial transfer of the business, as provided for in article 201 of the General Tax Code.
6. Negative statement of registrations taken out on the business for which the certification period takes effect at least 15 days (41) after the previous sale (42).
>.
7. Where applicable, releases.
(41) This 15-day period corresponds to the two-week period for registration of the seller’s lien by the previous owner.
(42) A statement in which registrations appear must be regarded as negative once the cancellation of the registrations taken has been obtained.
5522. Payment of the price to the transferor with the intervention of an intermediary
1. Decision of the deliberative assembly to acquire the business or decision to exercise the right of pre-emption.
>.
2. Deed of sale of the business constituting an escrow agreement
>.
3. Where applicable, memoranda from the intermediary.
553. Isolated acquisition of a commercial lease
1. Decision of the deliberative assembly deciding to acquire the commercial lease or decision exercising the right of pre-emption.
2. Lease transfer contract.
56. Co-ownership charges
.
561. First payment
.
1. Co-ownership regulations setting out the apportionment of charges between co-owners
.
2. Decision of the general meeting of co-owners appointing the managing agent.
3. Documents required for subsequent payments.
562. Subsequent payments
1. Minutes of the general meeting of co-owners setting the amount of charges to be apportioned.
2. The syndic’s call for funds
>.
3. Where applicable, decision of the general meeting of co-owners amending the apportionment of charges
>.
4. Where applicable, a decision by the general meeting of co-owners ratifying a change of managing agent.