What is the DIA and how long does the municipality have to respond?

Who files the DIA and with whom

The declaration of intent to sell is a formality imposed by Article L. 213-2 of the French Urban Planning Code: any transfer subject to the preemption right is conditional, on pain of nullity, upon a prior declaration sent to the town hall of the municipality where the property is located. The law places this obligation on the owner, but in practice it is the notary handling the sale who draws it up and files it as the owner's agent, most often just after the signing of the preliminary sale agreement or the promise of sale.

The declaration is drawn up on the regulatory declaration-of-intent-to-sell form (Article R. 213-5 of the French Urban Planning Code). It may be filed against a receipt, sent by registered letter with acknowledgment of receipt, or transmitted electronically.

What the DIA must contain

If the price or terms of the sale later change in a direction more advantageous to the buyer, a new declaration is required: a sale concluded on terms more advantageous than those declared is exposed to nullity (Article L. 213-2).

• The price and terms of the planned transfer or, in the case of an auction, the valuation of the property or its reserve price, particulars required by Article L. 213-2 of the French Urban Planning Code.
• The precise identification of the property: address, cadastral references, surface area, any rights in rem.
• The occupancy status of the property (vacant or let) and any special terms of the planned sale.

Two months to respond, a period that can be suspended

The holder of the preemption right has two months from receipt of the DIA to notify its decision. This period can be suspended: the holder may, once, ask the owner for the documents needed to assess the substance and condition of the building, the list of which is set by decree, or ask to visit the property (Article L. 213-2 and Articles D. 213-13-1 et seq. of the French Urban Planning Code).

The period resumes upon receipt of the requested documents, upon the visit of the property or upon its refusal. If the remaining period is then shorter than one month, the holder has one full month to reach its decision.

The municipality's silence counts as a waiver

Silence on the part of the holder throughout the two-month period counts as a waiver of the preemption right (Article L. 213-2 of the French Urban Planning Code). The owner may then sell, but only at the price and on the terms set out in the declaration. An express waiver notified before the period expires produces the same effect and allows the parties to sign without waiting.

If the project changes after the right has been cleared (a price reduction, terms more advantageous to the buyer), the notary must file a new DIA before the notarial deed is signed. This is a systematic precaution in practice: it protects the sale against the action for nullity open to the holder of the preemption right.