Under the right of pre-emption, the Municipality can purchase certain previously determined lots or buildings for municipal purposes ahead of other purchasers. This prerogative is an indispensable tool to help municipalities improve the services they offer and the vitality of their communities. For example, it allows them to add new amenities such libraries, parks, and so on.
Any seller subject to this right of pre-emption will receive advance notice from the Municipality served by a bailiff. The seller must then notify the Municipality as soon as an offer to purchase has been accepted and signed. If the Municipality decides to acquire the lot or building in question, it will have priority and will match the price offered to the seller.
Owners subject to the right of pre-emption
If you are notified that your building or lot is subject to the right of pre-emption, you remain the owner, with all the associated rights, until you decide to sell it.
This notice simply advises you of your obligation to notify the Municipality if you decide to sell and you accept and sign an offer to purchase.
How the right of pre-emption is applied
- Property registration
The Municipality enters the property in the land register as being subject to the right of pre-emption. This condition remains valid for 10 years.
- Notice of pre-emption
You are notified that your property is subject to the right of pre-emption. There’s nothing you need to do until you accept an offer to purchase your property.
- Notice of intent
When you accept and sign an offer to purchase, you must notify the Municipality by completing the Municipality’s form and sending it to the City Clerk and Legal Affairs Department.
- Building inspection
The Municipality may then request additional information and proceed with an inspection of the property.
- Decision
After receiving your notice of intent, the Municipality has 60 days to exercise its right of pre-emption. If the Municipality does not indicate its intention to purchase the property by that deadline, the sale may go ahead and the Municipality may no longer exercise its right of pre-emption.
