The pre-emptive right gives the city the priority to purchase certain buildings in order to build parks, schools or libraries. If you are the owner of a building affected by this measure, you can find out everything you need to know about the pre-emptive right.
In its efforts to improve the quality of life of residents, the city has identified strategic areas in which to build libraries, sports centres or parks. If your building is located in one of the areas that has been targeted for such projects, you will receive a “Notice of Pre-Emptive Right.”
If you decide to sell your building in the years to come, the city will have priority over other buyers in choosing to purchase it.
What to do if your receive a Notice of Pre-Emptive Right
You remain the owner of your building
You are under no obligation to sell your building to anyone. You maintain all your ownership rights and continue to fulfil your obligations as an owner.
You cannot refuse a Notice of Pre-Emptive Right
The owner has a legal obligation to inform the city of his or her intention to sell by sending a “Notice of Intent to Alienate an Immovable.” Otherwise, the city could cancel the sale.
The city has priority over any other buyer
If you decide to sell your building over the next 10 years, the city has the right to purchase it with priority over any other buyer.
You can also sell directly to the city
You can negotiate the sale price directly with the city, if it is interested.
What is the impact for a potential buyer?
Any potential buyer can find out if the city has a pre-emptive right over his or her building by viewing the land register.
Important information for the potential buyer:
- The city has 60 days to decide if it wants to purchase the building, from the time the owner sends the Notice of Intent to Alienate an Immovable.
- If the city decides to purchase the building, it provides compensation to the owner for reasonable fees incurred in connection with his or her promise of purchase, including inspection fees.
- If the city decides not to purchase the building and the sale takes place with the buyer, the city loses its pre-emptive right over the building.
Only certain buildings are concerned. They are located in the following areas:
- Louvain Est
- Northern part of L’Île-des-Sœurs
- Namur-de la Savane
- Assomption Nord
- Railway between the Plateau and Rosemont
Stages in the pre-emptive right
To exercise its pre-emptive right, the city:
- Records your building in the land register. A pre-emptive right remains valid for 10 years.
- Notifies you. You are not required to do anything as long as you do not intend to sell the building. If you accept a purchase offer, you are legally bound to notify the city and transmit to it the expected sale price and conditions.
- Inspects the building. The city may request that you provide further information.
- Decides whether to purchase. After receiving your notice, the city has 60 days to exercise its pre-emptive right, after which the transaction can take place.
- Abandons or maintains the Notice of Pre-Emptive Right. However, the city loses its pre-emptive right if you sell the building to a third party under the conditions.
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