Civil & Administrative

#2006-460Ordinance No. 2006-460 on the Legislative Part of the General Code of Public Property

🇫🇷France··Other·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This law regulates the management and transaction of public property in France, affecting state-owned buildings, lands, and rights. It mandates that property exchanges be free of encumbrances within three months and outlines how the government can claim abandoned estates. Local councils can preempt property sales under specified conditions, and all transactions must respect environmental and urban planning codes.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Public property management and exchange rules are clarified.
  • Local councils can preempt property sales under certain conditions.
  • The state can claim abandoned estates if no heirs are found.

Obligations

What this law requires

high

Remove encumbrances (liens, mortgages) from property being exchanged within three months of notification by competent authority, or the exchange contract is automatically void

Parties exchanging public property
operational
high

Exercise preemption rights for property sales according to conditions specified in the Urban Planning Code (Livre Ier and Livre II) regarding sensitive natural areas, agricultural/periurban spaces, urban preemption zones, and commercial assets

Local councils, territorial collectivities, their groupings, and public establishments
operational
high

Comply with environmental protection and urban planning codes in all public property transactions

State, local councils, and all parties to public property transactions
prohibition
medium

The State must request transfer of abandoned or unclaimed successions according to procedures specified in Article 770 of the Civil Code

State administration
operational
high

Notary drafting property acquisition acts must purge all privileges and mortgages when State or public establishments acquire real property

Notaries
operational

Affected Parties

State and local government entitiesProperty owners and buyers

Tags

public property,property exchange,government regulation