Subsection 2: Compulsory powers.

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Article L5215-20-1

French General Code of Local AuthoritiesIn force

Updated 6 Nov 2023

I. - Urban communities existing on the date of promulgation of the loi n° 99-586 du 12 juillet 1999 relative au renforcement et à la simplification de la coopération intercommunale continue to exercise the following competences on a compulsory basis, instead of the member communes:

1° Intercommunal development and planning charters, territorial coherence schemes, local town planning schemes or town planning documents in lieu thereof, local housing programmes, constitution of land reserves, municipal councils having to be consulted for their opinion;

2° Definition, creation and realisation of development operations of community interest, within the meaning of article L. 300-1 of the town planning code; economic development actions; creation and equipment of industrial, tertiary, craft, tourist, port or airport activity zones; rehabilitation actions of community interest; promotion of tourism, including the creation of tourist offices;

3° Repealed ;

4° Construction, development and maintenance of school premises in the areas and sectors mentioned in 2° and 3° and built or determined by the community; on the expiry of a period of ten years from the date they are brought into service, ownership and maintenance of these premises are transferred, at its request, to the municipality on whose territory they are located ; in this case, the conditions for the assumption of the loan annuities relating to these premises are determined by concordant deliberations of the community council and the municipal council concerned; programme of support and aid for higher education and research establishments and research programmes;

5° Fire and rescue services, subject to the provisions of Chapter IV of Title II of Book IV of Part One;

6° Organisation of mobility, within the meaning of the articles L. 1231-1, L. 1231-8 and L. 1231-14 to L. 1231-16 of the Transport Code in this respect, they may organise a self-service bicycle hire service;

7° High schools and colleges;

8° Water, wastewater treatment, excluding agricultural hydraulic systems, household waste ; ; creation, development, maintenance and management of district heating or cooling networks;

8° bis Management of aquatic environments and flood prevention, under the conditions provided for in Article L. 211-7 of the Environment Code;

9° Creation of cemeteries and extension of cemeteries so created, crematoria;

10° Slaughterhouses, slaughterhouse markets, markets of national interest;

11° Roads and signage, creation and maintenance of charging infrastructures for electric vehicles;

12° Car parks and parking areas ;

13° Creation, development, maintenance and management of reception areas for Travellers and family rental sites defined in 1° to 3° of II of Article 1 of Law no. 2000-614 of 5 July 2000 relating to the reception and housing of Travellers;

14° Contribution to the energy transition;

15° Concession for the public distribution of electricity and gas.

These competences may not, however, include all or part of the competences mentioned in 2°, 3°, 9°, 11° and 12° for facilities or operations mainly intended for the inhabitants of a commune, if this was decided when the community was created or afterwards in accordance with the qualified majority rules required for such creation.

II. - Urban communities existing on the date of promulgation of the aforementioned Law no. 99-586 of 12 July 1999 and those mentioned in the third paragraph of Article L. 5215-1 continue to exercise under conditions of ordinary law, in place of the member municipalities, the competences that were previously freely transferred to them by the member municipalities.

II bis. - The urban communities existing on the date of promulgation of the aforementioned law no. 99-586 of 12 July 1999 exercise, in place of the member municipalities, the following competencies in terms of city policy: preparation of a diagnosis of the territory and definition of the guidelines for the city contract; coordination and coordination of contractual arrangements for urban development, local development and economic and social integration as well as local arrangements for the prevention of delinquency; action programmes defined in the city contract.

III. - The council of the urban communities referred to in I and the municipal councils of the member municipalities may decide to extend the competencies of the community to all of the competencies defined in I of article L. 5215-20.

This enlargement is agreed by joint decision of the community council and at least half of the municipal councils of the member municipalities representing more than half of the total population of the community.

IV. - The council of the urban community is consulted during the preparation, review and amendment of schemes and planning documents relating to development, economic development and innovation, higher education and research, transport and the environment, the list of which is set by decree in the Conseil d'Etat and which fall within the remit of the State, a local authority or their public establishments, when these schemes and documents have an impact or an effect on the territory of the urban community.

The council of the urban community is consulted by the regional council during the preparation of the plan contract concluded between the State and the region in application of chapter III of title I of the loi n° 82-653 du 29 juillet 1982 portant reform de la planification, in order to take account of the specific characteristics of its territory.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

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