Retrocession of the pre-empted property (housing, land...)

Verified 02 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The right of return allows the former owner of a well pre-empted by the municipality to benefit from a priority to buy it back, under certain conditions. We present you the information to know.

The right of retrocession allows the former owner of a property pre-empted by the community (or his heirs) to have priority to buy it back, when the municipality does not respect certain conditions of use of the property or certain obligations.

This right exists to protect homeowners.

The right of first refusal allows the community to buy a property in place of the original purchaser, which constitutes an exception to the principle of freedom to sell to the person of one's choice.

The right of return ensures that the community cannot abuse this power or divert the property from the objective ofgeneral interest which had motivated the pre-emption.

Beneficiaries of the right of return of pre-empted property shall, in order of priority:

  1. The former owner of the pre-empted property. This is the person who transferred the property to the community as a result of the pre-emption decision.
  2. The universal successors (heirs or universal legatee)
  3. The unseated buyer. This is the person whose purchase project was prevented by the pre-emption decision. It does not have the right of return that in the alternative, i.e. only if the former owner (or his successors in title) has given up expressly or tacitly the redemption and on condition that its identity has been mentioned in the declaration of intent to dispose.

Several hypotheses give rise to a right of return to the former owner when the municipality has exercised a right of right of pre-emption.

These are mainly the following:

  • Non-conforming use of pre-empted property. If the municipality wishes to use or resell property that it has since pre-empted under 5 years of age for a project other than that initially provided for in pre-emption decision or authorized by law
  • Well illegally pre-empted. This is the case when the pre-emption decision is annulled or declared illegal by the administrative court.

FYI  

The right of retrocession does not apply in the absence of payment or deposit of the price within the agreed deadlines. In this case, since the transfer of ownership has not taken place, the owner can sell his property freely to the buyer of his choice.

The rules vary depending on the situation:

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Retrocession in case of change of use of the pre-empted right

If the City Council decides to use the property acquired for a reason other than that mentioned in the pre-emption decision or authorized by law, it must inform the former owners or their heirs of its decision and propose to them the acquisition of this property as a priority.

The offer must indicate the price and characteristics of the handover. It shall be notified by registered letter with acknowledgement of receipt.

The former owner or his heirs have a 2 months delay from the receipt notice, to respond to it. It may either:

  • Accept the buyback at the proposed price
  • Renounce the buyback (silence for 2 months is renunciation)
  • Request the handover at a different price. In the absence of an agreement, the price will be fixed by the judge of the expropriation of the place of situation of the property. The court may be seized by the commune or by the former owner. It is recommended to be accompanied by a lawyer for this procedure.
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Retrocession after annulment of the pre-emption decision

When the pre-emption decision is annulled or declared illegal, the community must propose the acquisition of the property in priority to the former owner or his heirs. In case of express or tacit renunciation of the latter, the offer must be made to the evicted buyer, provided that his name has been mentioned in the declaration of intent to dispose.

The repurchase price must make it possible to put the parties back in the situation they would have been in had the pre-emption not taken place, without one of them gaining an excessive advantage.

If the parties agree on the price, the sale is concluded.

In case of disagreement on the price, it is fixed by the expropriation judge, seized by the municipality. The former owner or his heirs then have a period of 3 months from the notification of the final decision to accept the sale price set by the court. In the absence of a reply within that period, the buyback shall be deemed to have been refused.

Where the municipality does not comply with its obligation to offer the property to the former owner or the evicted buyer as a priority, it is possible to make a appeal to the court to claim damages and interest.

In practice, the former owner will be able to obtain the repair for:

  • The loss of enjoyment good
  • The loss of added value that he could have realized if the property had been properly returned or if the resale had been made for his benefit.

This appeal must be made within 5 years after the acquisition of the property by the town hall. It is recommended to be accompanied by a lawyer for this procedure.

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