Significant changes in the DIA for Antibes and the Alpes-Maritimes in 2024.
Following changes in late December 2023, the list of municipalities in Alpes-Maritimes, distinguishing between those with no deficiency (faster response to DIA) and those with deficiencies (DIA response in 2 months), has been updated:
Deficiency Lifted (Faster DIA Response):
- La Roquette-sur-Siagne
- La Trinité
Deficient Municipalities (2-Month DIA Response):
- La Colle-sur-Loup
- Le Rouret
- La Gaude
- Le Cannet
Declaration of Intention to Alienate (DIA) – Introduction
The DIA is a required procedure for the sale of real estate in an urban preemption zone. Below, discover the steps and key information related to this process.
What is the DIA?
The DIA is a notification to the beneficiary of the preemption right (usually the municipality) of the intention to sell a property, with details about the sale, including the price.
When to Submit a DIA?
The DIA must be submitted during the transfer of real estate, especially in the case of a sale, in areas where urban preemption applies.
Preemption Zones Defined by the Urban Planning Code
Local authorities define these zones for operations of general interest, such as creating social housing, collective facilities, etc.
Who Issues the DIA?
The owner must initiate this process, but in practice, it is often the notary who does so once a preliminary sales agreement has been signed.
The DIA must include essential details such as the price, property description, current and future use, and other information about the area.
How to Fill Out a DIA?
The notary uses the dedicated Cerfa form, sent by registered mail to the town hall and can also be transmitted electronically.
Obligations and Conditions
Is It Mandatory to Submit a DIA When Selling?
Yes, in urban preemption zones. However, it is important to check if the property is affected and submit a DIA if in doubt.
Sale Subject to Preemption Right
If the property is in a preemption zone, the sale is made subject to a suspensive condition, protecting both the seller and the buyer.
What is a Suspensive Condition?
It is a clause in the contract stating that the sale will only take place if the municipality does not preempt the property.
Response to DIA
Timeframe for Obtaining a Response
The municipality has a 2-month period to respond to the DIA. A tacit response is considered if no reply is provided during this period. See list of changes at the beginning of this article.
Additional deadlines may apply if the municipality requests additional information, extending the response period.
Preemption by the Town Hall
If the town hall wishes to preempt, it can either accept the sale conditions or make a lower proposal. The seller has choices to make.
Town Hall Waives Preemption
If the town hall waives its right, the seller can proceed with the sale to the initial buyer.
In summary, the DIA is a crucial step in the sales process, regulating urban preemption to ensure a real estate transaction compliant with local regulations.