Only acquisitions of land for individual houses with an area not exceeding 2,500 m² per house are exempt from the right of pre-emption of land development and rural establishment companies (SAFER)

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Only acquisitions of land intended for the construction of individual houses and whose area does not exceed 2,500 m² per house, or the minimum area required by planning permission regulations if greater, are exempt from the right of pre-emption of land development and rural establishment companies (SAFER). Consequently, the judgment is liable to be quashed which, while the acquisition related to an area greater than 2,500 m², decided that a SAFER was not entitled to exercise its right of pre-emption over a plot of 10,990 m², on the grounds that the purchaser had committed to allocate an area of 2,500 m² to the construction of a house and that the remaining area was less than the minimum area of one hectare on which, taking into account local regulations, the SAFER's right of pre-emption could be exercised.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory appeal deadlines
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.