French General Code of Local Authorities
In forceA property belonging to a local authority may be the subject of an emphyteutic lease provided for in article L. 451-1 du code rural et de la pêche maritime with a view to carrying out an operation of general interest falling within its remit or with a view to assigning a religious building open to the public to a religious association. This emphyteutic lease is known as an administrative emphyteutic lease.
Such a lease may be entered into even if the property to which it relates, due in particular to the use of the property resulting either from the lease or from an agreement not detachable from this lease, or from the conditions of the management of the property or the control by the public person of this management, constitutes a dependency of the public domain, provided that this dependency remains outside the scope of the traffic offence.
The purpose of such a lease may not be the execution of works, the delivery of supplies, the provision of services, or the management of a public service mission, with economic consideration consisting of a price or an operating right, on behalf of or for the needs of a purchaser or a granting authority subject to the public procurement code.
In the event that such a lease is necessary for the performance of a public procurement contract, this contract shall stipulate, in compliance with the provisions of this code, the conditions of occupation of the domain.
Where the purpose of the lease is to assign a religious building open to the public to a religious association, the local authority shall inform the State representative in the département of its intention to enter into such a lease at least three months before it is concluded.
