The latest legislative reforms promoting the valuation of public authorities’ assets have changed the contract law applicable to them.
Legislation and case law are changing many aspects of the law, impacting the valuation of assets: the French Public Procurement Code, calls for tenders, competitive bidding procedures for works, management of buildings dependent on the public or private domain, etc.
Our Practice is able to provide expertise on the choice of contract and draft it: acquisitions by local authorities of buildings in a future state of completion (VEFA) or leases in a future state of completion (BEFA), administrative long-term leases (BEA) and authorisations for temporary occupation (AOT) of the local public domain, whether or not constituting a right in rem, etc. The same applies to the choice of guarantees (leasing or mortgages, etc.)
The procedures for public procurement by local authorities were set out in the Order of 23 July 2015, ratified by the Law of 9 December 2016. They define the rules within the meaning of the European directives: freedom of access to public procurement, equal treatment of applicants and transparency of procedures.
The notaries and staff of the Monassier Group members have studied these provisions and taken stock of the difficulties faced by local authorities.
We study the conditions under which a contract may be entered into by the local authority in its public domain. In its private domain, we also focus on the specific legal requirements and adaptations that need to be made to commercial, professional, residential or rural leases.