Chapter VIII: Property and property investment by public health institutions

In accordance with the provisions of article L. 3111-1 of the French General Code of Public Ownership, the properties in the public domain of public health establishments and health cooperation structures with public legal personality are inalienable and imprescriptible. However, property belonging to this domain may be sold under the conditions set out in article L. 3112-1 of the General Code of Public Property or exchanged under the conditions set…

The operations mentioned in article L. 6148-2, as well as the partnership contracts concluded in application of title I of order no. 2004-559 of 17 June 2004, respect the objectives of the regional or inter-regional health plan when they concern the missions provided for in article L. 6111-1.

Article L. 2141-2 of the General Code on the Ownership of Public Property applies to the domain of public health establishments.

Public health establishments and health cooperation structures with public legal personality may not directly enter into leasing contracts, within the meaning of articles L. 313-7 to L. 313-10 of the French Monetary and Financial Code, the purpose of which is the construction, modification or renovation of real estate assets meeting a need specified by the public authority and intended to be made available to it or to become its property….

The State may enter into the leasing contracts mentioned in Article L. 6148-7-1 on behalf of a public entity, provided that the transaction is sustainable in terms of its impact on public finances and on the financial situation of the public entity.

Decrees in the Conseil d’Etat shall lay down the procedures for applying the provisions of this chapter.