CHAPTER I: General provisions

Leases and deeds of sale are concluded by the mayor on behalf of the municipality. Authorisations to occupy or use the communal public domain are issued by the mayor.

The competent State authority referred to in Article L. 2241-1 is the departmental director of public finance.

In the cases provided for in Article L. 2241-3, public accountants are discharged from all liability by remitting the funds to the notary who drew up the deed.

When the price of acquisitions of real estate, real property rights or businesses made under the rules of common law by municipalities and their public establishments gives rise to reinvestment in real estate, the public accountants remit the funds to the notary drafting the deed transferring the real estate acquired in reinvestment. The funds are handed over at the request of the seller and on production of a certificate from…

When the price of one of the acquisitions mentioned in Article R. 2241-4 gives rise to reinvestment in securities, the public accountants shall remit the funds to the investment service provider other than a portfolio management company designated by the seller, by contract or by judicial authority, to carry out the purchase and apply for registration of the securities acquired in reinvestment. The funds shall be remitted on production of…

For real estate acquisitions made in administrative form by municipalities and their public establishments, a deposit may be paid to the seller, upon expiry of the time periods open for taking registrations with retroactive effect, up to a maximum of three quarters of the difference between the stipulated price and that of the charges and accessories. This deposit is paid after authorisation by the authority authorised to receive the administrative…

The price of real estate acquisitions made out of court in accordance with the rules of civil law or after exercising the right of pre-emption on behalf of municipalities and their public establishments may be paid to the seller, after publication of the deed in the real estate register, without the completion of formalities for the purging of registered mortgages when it does not exceed an amount set by order…