SINGLE CHAPTER

The transfer of a competence automatically entails the transfer to the beneficiary local authority of the movable and immovable assets used, on the date of this transfer, for the exercise of this competence.

Where the previously competent local authority was the owner of the assets made available, these assets are handed over free of charge. The local authority receiving the assets assumes all the obligations of the owner. It has full management powers. It is responsible for renewing the property. It may authorise the occupation of the assets transferred. It collects the fruits and revenues. It may take legal action in place of…

In the event of total or partial abandonment of the assets made available pursuant to articles L. 1321-1 and L. 1321-2, the owning local authority recovers all its rights and obligations over the disused assets. The local authority benefiting from the disposal may, at its request, become the owner of the disused assets, where these do not form part of the public domain, at a price corresponding to their market…

The conditions under which assets made available, pursuant to article L. 1321-2, may be transferred in full ownership to the beneficiary local authority are defined by law.

When the previously competent local authority was the lessee of the assets made available, the local authority benefiting from the transfer of competencies succeeds to all of its rights and obligations. It is substituted for the previously competent local authority in contracts of any kind that the latter had concluded for the development, maintenance and conservation of the assets made available as well as for the operation of the services….

When the property concerned by article L. 1321-1 are the property of the local authority that already exercised jurisdiction and this is confirmed by the loi n° 83-8 du 7 janvier 1983 relative à la répartition de compétences entre les communes, les départements, les régions et l’Etat, la collectivité assume désormais, sans restriction aucune, l’ensemble des droits et obligations du propriétaire.

Buildings or parts of buildings belonging to the State and assigned to the operation of departmental or regional services are made available to the department or region free of charge. The department or region assumes responsibility for maintenance work and major repairs incumbent upon the owner. The department or region has full management powers and, if necessary, acts in legal proceedings in the place and stead of the owner. This…

The region or department is substituted for the State in its rights and obligations in matters giving rise to the assumption of expenses by the region or department, resulting from the application of the provisions of article L. 1321-7.

As an exception to article L. 1321-2, when a public establishment for inter-municipal cooperation or a mixed syndicate has jurisdiction over public lighting, the member municipalities may retain the part of the jurisdiction relating to maintenance work on the public lighting network made available and owned by them. .