Question 23984 — urban planning

Summary

Mr. Jean-Noël Barrot draws the attention of the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for cities and housing, to the conditions under which certain private developers implement temporary urban planning operations with a social vocation. In the territories, several recent initiatives have seen real estate developers conclude with associations precarious occupation agreements allowing the temporary installation of “mobile villages” intended to accommodate people in situations of social precarity, in particular asylum seekers. Thus, in Lyon, a developer made an industrial wasteland available to an association for a period of two years. During this period, a center intended to receive asylum seekers will be set up and, at the end of this period, the developer will regain possession of this land and will construct premises intended to be marketed. This type of initiative provides a useful response to the difficulties encountered in setting up centers intended for the temporary accommodation of asylum seekers or people in situations of social distress. From a legal point of view, these partnerships are often based on the conclusion of an agreement precarious occupation taken on the basis of article L. 145-5-1 of the commercial code. However, the current wording of this article raises certain questions. Thus, this article provides that “the precarious occupation agreement is characterized, whatever its duration, by the fact that the occupation of the premises is only authorized due to specific circumstances independent of the sole will of the parties”. This definition does not contains no mention ensuring that precarious occupation agreements supporting the temporary installation of emergency accommodation structures can be based on this article, which may limit the desire of certain developers to use this tool for social purposes for fear that the precarious occupation agreement will be reclassified as a commercial lease or a residential lease. For this reason, he would like to know if the editorial staff current version of article L. 145-5-1 of the commercial code offers all the legal certainty desired to developers and would also like to know if the Government intends to support and encourage this type of temporary urban planning initiative by establishing a model of precarious occupation agreement with a social vocation.

Machine translation from French. The official text remains authoritative.

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