Rights and obligations of professional real estate property in France

Rights of a professional real estate property owner in France

A professional real estate property owner in France has several rights. Firstly, they have the right to freely dispose of their professional property, provided they comply with the laws and regulations in force. This means they can sell, rent or bequeath their property to another person. The owner also has the right to use their professional real estate property for their own professional use. This may include occupying the property to conduct commercial, industrial or service activities, carrying out work or creating a business. The owner can also peacefully enjoy their property without being disturbed by third parties. Furthermore, the owner has the right to carry out modifications or work on their professional property, provided they comply with the laws and regulations in force. This may include renovation, expansion or demolition work.

Obligations of a professional real estate property owner in France

In France, professional real estate property owners must also comply with the laws and regulations in force, particularly with regard to urban planning and the environment. This means they must obtain the necessary authorizations before carrying out work on their professional property and they must comply with the rules on waste management and environmental protection. Additionally, professional real estate property owners are required to respect the rights of third parties, particularly their neighbors. This means they must not cause nuisance to their neighbors, they must comply with the rules of co-ownership if they own a property in co-ownership, and they must respect the rights of passage and access of third parties on their property.

Limitations on the right to professional real estate property ownership

As mentioned earlier, the right to professional real estate property ownership is not absolute and has several limitations. Firstly, the professional real estate property may be burdened with a servitude, which is a real right granted to a third party, such as a right of way or a pipeline crossing the property. Joint ownership is also a limitation on the right to professional real estate property ownership, as it involves co-ownership between two plots separated by a common boundary. Finally, limitations may also benefit third parties, such as in the case of pre-emption, where the municipality or a tenant may have the right to acquire the property in the event of a sale. Owners may also be sanctioned for abuses if they disturb the peace of their neighbors. In short, the right to professional real estate property ownership is governed by several limitations that serve to preserve the general interest and the rights of third parties. It is therefore important for professional real estate property owners to understand these limitations in order to avoid any disputes or sanctions.

Rights and obligations regarding professional real estate property rental

The rights and obligations of a professional real estate property owner differ in the case of renting their property. Firstly, the owner must respect the tenant’s rights, particularly with regard to the peaceful enjoyment of the rented property. The owner must also provide the tenant with a decent professional space, in good working order and safety. The tenant also has rights, such as the right to receive a rent receipt, the right to renew their lease, or the right to obtain repairs if the rented property has defects or hidden defects. Additionally, the owner is required to comply with the rules on rent setting and rent revision, as well as the rules on lease duration and termination.

Sanctions in case of non-compliance with rights and obligations in professional real estate leasing

In case of non-compliance with the rights and obligations in professional real estate leasing, sanctions can also be imposed. If the landlord does not respect the tenant’s rights, he may be subject to legal action to obtain damages and interest. On the other hand, if the tenant does not respect his obligations, the landlord may initiate a lease termination procedure and/or claim damages and interest.

It is therefore important for professional real estate owners and tenants to be familiar with their rights and obligations in professional real estate leasing in order to be able to act accordingly and avoid disputes and sanctions.

Conclusion

The rights and obligations of a professional real estate property in France are governed by the Civil Code and the laws and regulations in force. Any professional real estate owner must comply with these rules to protect their interests and those of their property. It is also important for professional real estate owners and tenants to be familiar with their rights and obligations in professional real estate leasing in order to avoid disputes and sanctions.