The pre-emption right introduced by

Application pratique:

The 1987 ruling confirms that the tenant’s pre-emption right does not apply because the building has always been a co-ownership. The landlord should obtain the building’s co-ownership regulations (règlement de copropriété) to prove the original status, then proceed with the sale without offering the property to the tenant first. Keep this evidence in case of any challenge.

Application pratique:

Under this case law, the tenant cannot claim a pre-emption right because the building was originally established as a co-ownership. The tenant should request the building’s co-ownership documents to confirm its status and accept that they have no legal grounds to challenge the sale. They should instead focus on their lease rights, such as a six-month notice period if the new owner intends to occupy the flat.

Application pratique:

The 1987 decision eliminates the tenant’s pre-emption right for buildings originally in co-ownership. The buyer’s notary should verify the building’s co-ownership declaration to confirm this status. With that confirmation, the buyer can confidently finalise the purchase without waiting for a tenant decision, as the tenant cannot legally block the sale.