Section 1: Emphyteutic administrative lease

A property belonging to a local authority may be the subject of an emphyteutic lease provided for in article L. 451-1 du code rural et de la pêche maritime with a view to carrying out an operation of general interest falling within its remit or with a view to assigning a religious building open to the public to a religious association. This emphyteutic lease is known as an administrative emphyteutic…

Leases entered into pursuant to article L. 1311-2 satisfy the following specific conditions: 1° The rights resulting from the lease may only be transferred, with the approval of the local authority, to a person subrogated to the lessee in the rights and obligations arising from this lease and, where applicable, from non-detachable agreements concluded for the performance of the public service or the completion of the operation of general interest….

The provisions of articles L. 1311-2 and L. 1311-3 are applicable to public establishments of territorial authorities and to groupings of such authorities.