The pre-emption right introduced by

Décision de référence : cc • N° 84-15.191 • 1987-04-08 • Consulter la décision →

Cette décision apporte un éclairage important sur votre droit immobilier. Voici ce qu'elle change pour vous.

La situation

The pre-emption right introduced by Article 10 of the Law of 31 December 1975 cannot be invoked by the tenant of a flat situated in a building that has been under the co-ownership regime since its construction.

Ce que dit la loi

This decision confirms the fundamental principles of property law.

Points à retenir

Strictly comply with statutory time limits for appeals
Keep all your supporting documents (title deeds, deeds, correspondence)
Anticipate: preventive advice always costs less than litigation

Pour une analyse de votre situation : consultation 30 min à 45€ avec Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation droit du travail | → Browse all our legal articles

Practical use cases

Landlord selling flat in Lyon without tenant pre-emption

A landlord in Lyon wants to sell a flat rented for €850/month to a third party for €250,000. The tenant, who has lived there since 2018, claims a right of first refusal under the 1975 law. The building was constructed in 1985 as a co-ownership from the outset.

Practical application:

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.

Tenant in Paris discovers no pre-emption right on sale

A tenant in Paris, renting a studio at €750/month since 2016, receives notice that the landlord is selling to an investor for €320,000 without offering a pre-emption. The tenant believes they can block the sale. The building, dating from 1972, was created as a co-ownership from the start.

Practical application:

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.

First-time buyer in Bordeaux secures tenanted flat purchase

A first-time buyer in Bordeaux is purchasing a flat occupied by a tenant at €600/month for €210,000. The buyer worries the tenant might exercise a pre-emption right and delay the transaction. The residence, built in 1990, has always been a co-ownership.

Practical application:

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.

The pre-emption right introduced by

La situation

Ce que dit la loi

Points à retenir

Legal information

Source

Keywords

Practical use cases

Landlord selling flat in Lyon without tenant pre-emption

Tenant in Paris discovers no pre-emption right on sale

First-time buyer in Bordeaux secures tenanted flat purchase

About the author

Does this affect you?

📬 Get legal updates

Consult a specialist lawyer near you

Maître Zakine, Doctor of Law