What is the urban preemption right and which properties does it cover?
The urban preemption right allows a municipality, or the competent intermunicipal body, to buy with priority a property put up for sale in the urban or future-urbanisation zones of its local urban plan (Article L. 211-1 of the French Urban Planning Code), in order to carry out an operation serving the public interest.
Definition and purpose of the urban preemption right
The urban preemption right (DPU, droit de préemption urbain) allows a public authority to step into the shoes of the buyer of a property put up for sale, at the declared price and terms or, failing agreement, at a price set by the court. It may only be exercised in order to carry out, in the public interest, a development action or operation falling within the purposes defined in Article L. 300-1 of the French Urban Planning Code (local housing policy, public facilities and urban renewal, in particular) or to build up land reserves for such operations (Article L. 210-1 of the French Urban Planning Code). Every preemption decision must, moreover, state the purpose for which the right is exercised.
The DPU is established by resolution in municipalities with an approved local urban plan, over all or part of the urban zones (U) and future-urbanisation zones (AU) delimited by that plan; municipalities covered by a communal land-use map may also establish it within certain delimited perimeters (Article L. 211-1). Where an intermunicipal public body holds the local planning power, it holds the right (Article L. 211-2), and the holder may delegate its exercise, for instance to a public land agency or to the concession-holder of a development operation (Article L. 213-3).
The sales and properties covered
The preemption right applies to transfers for consideration of built or unbuilt properties and of certain rights, under the conditions of Article L. 213-1 of the French Urban Planning Code: a sale, an exchange with a balancing payment or a contribution to a company may all be covered.
- Notably subject to the DPU: built and unbuilt properties located within the preemption perimeter, as well as certain transfers of rights (undivided shares, fractions or shares giving a right to the allocation of a building) referred to in Article L. 213-1.
- Since the ALUR Law of 24 March 2014, certain transfers free of charge have also been subject to the preemption right, except where they take place within the family circle defined by Article L. 213-1-1 (between ascendants and descendants, between collateral relatives up to the sixth degree, between spouses or civil partners under a PACS, in particular). Successions and partitions remain outside its scope in principle.
- The simple DPU excludes certain transfers as a matter of principle (Article L. 211-4): co-ownership lots under the conditions set by that provision, transfers of shares in certain attribution companies, and the sale of a building during the four years following its completion.
Simple or reinforced DPU: what the differences are
By reasoned resolution, the municipality may establish a so-called reinforced urban preemption right, which extends the right to the transfers normally excluded by Article L. 211-4 of the French Urban Planning Code.
In practice, under Article L. 211-4 of the French Urban Planning Code: a built property or plot of land in a U or AU zone is subject to preemption under both the simple and the reinforced DPU; a co-ownership lot (under the conditions of Article L. 211-4), a building completed less than four years earlier, and shares in certain attribution companies are excluded under the simple DPU but become subject to preemption under the reinforced DPU.
| Disposal | Simple DPU | Reinforced DPU |
|---|---|---|
| Building or land in a U or AU zone | Covered | Covered |
| Co-ownership lot (on the conditions of Article L. 211-4) | Excluded | Covered |
| Building completed less than four years ago | Excluded | Covered |
| Shares in certain property allocation companies | Excluded | Covered |
Scope of the simple and the reinforced urban pre-emption right (Article L. 211-4 of the Planning Code)
The other public preemption rights to know about
- Deferred development zones (ZAD): a specific preemption right may be exercised there for six years, renewable (Articles L. 212-1 and L. 212-2 of the French Urban Planning Code).
- Sensitive natural areas: the department holds a preemption right in the zones it has delimited for that purpose (Article L. 215-1 of the French Urban Planning Code).
- Commercial preemption: the municipality may preempt business goodwill, craft businesses and commercial leases within a perimeter established to safeguard local shops (Article L. 214-1 of the French Urban Planning Code).
- Agricultural areas: the SAFER holds its own preemption right, covered in a dedicated question of this guide.
Frequently asked questions
How do I know whether my property is located in a preemption zone?
The town hall and the notary can tell you: the resolutions establishing the DPU and the perimeters concerned can be consulted at the town hall, and the notary systematically checks this point in the planning documents before the sale.
Can the municipality preempt for any reason whatsoever?
No. The preemption must serve a public-interest purpose linked to the operations referred to in Article L. 300-1 of the French Urban Planning Code or to the building-up of land reserves, and the decision must state its reasons (Article L. 210-1). A preemption with insufficient reasons can be annulled by the administrative court.
Is a gift subject to the urban preemption right?
Since the ALUR Law, certain transfers free of charge fall within the scope of the preemption right, except where they take place within the family circle defined by Article L. 213-1-1 of the French Urban Planning Code (ascendants and descendants, collateral relatives up to the sixth degree, spouses or civil partners under a PACS, in particular). Successions and partitions remain outside its scope in principle.
Does the DPU apply to the sale of an apartment in a co-owned building?
Under a simple DPU, the sale of a co-ownership lot is in principle excluded under the conditions of Article L. 211-4 of the French Urban Planning Code. It becomes subject to preemption again if the municipality has established, by reasoned resolution, a reinforced urban preemption right.
Read next
- Code de l'urbanisme, article L210-1 (Légifrance)
- Code de l'urbanisme, article L211-1 (Légifrance)
- Code de l'urbanisme, article L211-4 (Légifrance)
- Code de l'urbanisme, articles L213-1 et L213-1-1 (Légifrance)
- Service-Public.fr : Droit de préemption urbain (DPU)
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