CHAPTER III : Declaration of a plot as abandoned

Articles in this section · 5

L2243-1L2243-1-1L2243-2L2243-3L2243-4

Article L2243-3

French General Code of Local AuthoritiesIn force
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Updated 8 Nov 2023

At the end of a period of three months from the completion of the publicity measures and notifications provided for in Article L. 2243-2, the mayor shall draw up a final report stating that the plot of land is in a state of manifest abandonment; this report shall be made available to the public. The mayor refers the matter to the municipal council, which decides whether to declare the parcel to be in a state of manifest abandonment and to proceed with its expropriation for the benefit of the municipality, a public establishment for inter-communal cooperation or any other body with a vocation to do so, or a concessionaire of a development operation referred to in article L. 300-4 of the town planning code, with a view either to construction or renovation for housing purposes, or to any object of collective interest relating to a restoration, renovation or development operation, or to the creation of land reserves enabling such operations to be carried out.

The procedure for declaring the land to be in a state of manifest abandonment may not be continued if, during the period mentioned in the previous paragraph, the owners have put an end to the state of abandonment or have undertaken to carry out the work required to put an end to it, as defined by agreement with the mayor, within a period set by the latter.

The procedure for declaring the land to be in a state of manifest abandonment may be resumed if the work has not been carried out within the set period. In this case, the final declaration of manifest abandonment is issued either on expiry of the period referred to in the first paragraph, or on expiry of the period set by the agreement referred to in the second paragraph.

The owner of the plot of land covered by the procedure for declaring a state of manifest abandonment may not argue that the buildings or installations on his plot of land were built without right or title by a third party in order to be released from the obligation to put an end to the state of abandonment of his property.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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