Preferential right of the municipality
What is it?
Preferential right means that the municipality may buy an immovable property first. If you want to sell your home, property or land on which there is a preferential right, you must first offer your property for sale to the municipality. The municipality is then entitled to the first purchase. Other governments may also have a right of first refusal.
What to do.
- You notify the municipality that you want to sell your real estate. Include the cadastral designations and areas.
- The municipality must let you know within 6 weeks whether it wants to buy. If the municipality does not let you know within those 6 weeks, you may sell freely until 3 years after this.
- If the municipality does not want to buy, you may sell your property to someone else 1 time up to 3 years after this decision.
- Do you come to an agreement with the municipality? Then you conclude a purchase contract with the municipality.
How does it work?
You do not have to offer your house or land to the municipality in the case of:
- an agreement between relatives by blood or marriage in the direct line or in the lateral line up to the second degree or with a foster child;
- An agreement to divide a matrimonial community or estate;
- a disposition of last will
- An agreement in performance of an obligation of the seller, relating to real estate subject to the right of first refusal, the obligation of which, as evidenced by registration in the public registers (Tax Office > Registration and Succession Office), was entered into before the effective date of the designation
- an agreement evidenced by a notarized or recorded private deed entered into before the effective date of the designation;
- an agreement with the State, county, a water board and some other public bodies;
- a sale pursuant to statutory provision or court order or a public foreclosure sale;
- a sale to the lessee under the right of first refusal to purchase as defined in the Leases Act.
How long does it take?
The municipality will decide within 6 weeks whether it is willing to negotiate the sale with you.