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Article R752-45 of the French Commercial code

When a commercial facility subject to authorisation for commercial operation ceases to be operated for commercial purposes, the owner of the site where the facility is located shall notify the date on which commercial operation ceases to the prefect of the département of the commune where the facility is located. A commercial facility that is not open to the public is not operated for commercial purposes. The three-year period provided…

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Article R752-46 of the French Commercial code

At the end of the three-year period provided for in article L. 752-1, the owner or owners of the buildings shall notify the prefect of the département in which the site is located of the measures planned to dismantle and restore the site and the timetable for the operations. Dismantling and site restoration operations include: 1° The dismantling of the installations, including the foundations, equipment and fittings made for the…

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Article R752-47 of the French Commercial code

The dismantling and restoration obligation mentioned in article L. 752-1, commercial facilities: 1° Located in buildings that are not intended exclusively for commercial use; 2° Located in buildings where certain premises are used for commercial purposes; 3° Subject to a rehabilitation programme or an actual change of use. The obligation ceases if the commercial operation is resumed or one of the situations listed above occurs. .

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Article R752-48 of the French Commercial code

In the event of failure to comply with the requirements of articles R. 752-45 and R. 752-46, the Prefect will ask the owner of the site to provide explanations of the planned measures and the timetable for operations within two months. After this deadline, and in the absence of sufficient justification, the prefect will give formal notice to the owner of the site to dismantle and restore the site within…

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Article R752-49 of the French Commercial code

If, on expiry of the time limit referred to in the previous article, the owner of the buildings has not taken the necessary measures to dismantle and restore the site as provided for in article R. 754-2, the prefect may take the following measures against the owner: 1° Require a sum corresponding to the estimated cost of the work or operations to be carried out to be deposited with a…

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