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12336

Question 12336 — municipalities

answeredFrance· National Assembly· FR

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11 July 2021

Summary

Mr. Jean-Michel Jacques draws the attention of the Minister of Territorial Cohesion to the procedure for taking possession by a municipality of abandoned land or building in order to carry out a project of general interest. Indeed, article L. 2243-1 of the CGCT provides that “when, in a municipality, buildings, parts of buildings, installations and land without habitual occupants are clearly no longer maintained, the mayor, at the request from the municipal council, initiates the procedure for declaring the plot concerned in a state of obvious abandonment.” This procedure, aimed at putting an end to the state of abandonment of certain buildings in the municipalities and allowing the revitalization of the towns, is however long and often costly for the municipalities. Indeed, being broken down into two different phases, the recovery procedure involves a search for possible owners, before drawing up a provisional report which notes the abandoned state of the building. Subject to notification and publicity measures, this report must be displayed for three months, at the end of which the final report is drawn up. The deliberation of the municipal council then takes place, with the aim of launching the expropriation procedure. Although simply assuming a simplified expropriation procedure, it is three months which are added to the recovery procedure initiated by the municipality. Indeed, this procedure also requires the issuance of a prefectural decree declaring the public utility of the takeover project. Possession can then only take effect at least two months after this order. Thus the overall procedure for taking back a building abandoned by a municipality requires at least six months of instruction, between the identification of the property and its final possession. It also causes administrative burden for these municipalities which do not necessarily have the human and financial resources to deal with it. Also, he asks him if the Government intends to accelerate the procedure for taking over abandoned buildings for municipalities, mainly rural and isolated, which require revitalization efforts which could be associated with the fight against fractures. territorial initiatives undertaken by the Government.

Machine translation from French. The official text remains authoritative.

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