French Tourism Code
In forceThe operator of a tourist residence located in a mountain area within the meaning ofarticle 3 of law no. 85-30 of 9 January 1985 relating to the development and protection of mountain areas, may transfer the right conferred byarticle L. 145-46-1 of the French Commercial Code free of charge to a public body with a remit to do so, a semi-public company, a local public company or a State-approved operator.
Operators whose main mission is to contribute to the development of mountain tourism by owning commercial property and letting it under a commercial lease or long-term mandate may be approved for this purpose. The approval decision takes into account the company's skills in property, commercial and land management, its financial viability, in particular its ability to hold land, commercial leases and long-term contracts, and the organisation it has adopted to prevent conflicts of interest and guarantee its independence. A Conseil d'Etat decree shall specify the approval procedure and the terms and conditions for applying this article.
The transferee of the right conferred by the same article L. 145-46-1 undertakes to ensure that the property acquired will be operated as a tourist residence for a period of at least nine years.
The transfer must be recorded in writing, failing which it shall be null and void.
It takes effect with regard to the owner of the premises when it has been served on him or when he takes note of it.
From the time it takes effect, the information owed by the owner to the tenant under the first, third and fourth paragraphs of the said article L. 145-46-1 must be delivered to the transferee under the same conditions.
The assigned right is exercised by the assignee in accordance with the procedures set out in the same article L. 145-46-1.
