A municipality having chosen to exercise the

Application pratique:

This case law protects the owner: the municipality cannot rely on the 1970 law's special procedure if it was not followed. The owner should challenge the pre-emption decision in court within the appeal deadline, keeping all correspondence and the pre-emption notice. As a preventive measure, before selling, the owner should check with a real estate lawyer whether the municipality has properly followed the correct procedure.

Application pratique:

The developer can argue that the pre-emption is invalid because the municipality did not follow the special procedure. The developer should send a formal notice to the municipality demanding withdrawal of the pre-emption, and if necessary, file an appeal with the administrative court within two months of the pre-emption decision. To avoid such issues, the developer should always request proof of compliance with the applicable pre-emption procedure before entering into a sale agreement.

Application pratique:

The co-owner can contest the pre-emption on the grounds that the municipality did not follow the mandatory special procedure. The co-owner should gather all documents (title deed, pre-emption notice, any correspondence) and consult a lawyer to file an appeal within the legal time limit. As a preventive step, the co-owner should ask the municipality in writing to clarify the legal basis of the pre-emption and to provide evidence that the special procedure was followed.