Section 3: Provision to the establishments mentioned in article L. 3221-4 of the assets allocated to the public service for combating mental illnesses

The movable and immovable property allocated to the public mental health services and necessary for their activities are, where they belong to the State or the départements, made available free of charge to the establishments mentioned in article L. 3221-4. These establishments assume all the obligations of the owner, in particular that of maintaining the premises. They have full management powers, ensure the renewal of the movable property, may authorise…

Where only part of a building belonging to the State or the département is made available, the establishments referred to in article L. 3221-4 may only carry out enlargement or demolition work with the agreement of the local authority that owns the building. In this situation, the distribution of the operating costs of the building as well as the rights and obligations arising from the contracts mentioned in the third…

In the event of total or partial decommissioning of the assets made available, the State or, as the case may be, the départements shall recover all their rights and obligations over the decommissioned assets.

In the event that the State or the départements do not own the property made available, the establishments referred to in article L. 3221-4 succeed to all their rights and obligations. They are substituted for the State or the départements in contracts of any kind that they may have entered into for the development, maintenance and conservation of the assets made available.

The substitution referred to in articles R. 3221-13 and R. 3221-16 is recorded by the Prefect or the President of the Departmental Council and notified to their co-contractors.

The handover is recorded in a report drawn up jointly by the representatives of the local authority that owns the property and the representatives of the establishments mentioned in article L. 3221-4. When the State or the département do not own the property made available, the minutes are drawn up jointly by the State or the département, the owner and the health care organisation. The report shall specify in particular…