Pre-emption period: understanding the DPU and DIA
When you buy a property, the town may have a priority right to acquire it. In the vast majority of cases it waives that right, but the waiting period must run. Here is how it works.
Updated 23 October 2026
What is the urban pre-emption right (DPU) for?
It lets a municipality (or competent public body) buy a property first in designated zones, to carry out actions of general interest: housing, public facilities, urban development, tackling unfit housing, heritage… It only applies in sectors defined by the authority, and some sales are excluded.
The DIA: declaration of intention to sell
When the property lies in a covered zone, the seller’s notary sends the town hall a déclaration d’intention d’aliéner (DIA) stating price and sale terms. This starts the clock.
How long does the town hall have?
Two months from receipt of the DIA. If it stays silent for that period it is deemed to waive its right and the sale can proceed. It can also waive expressly earlier, allowing a faster signing. It may also request documents or a visit, which suspends the period while that is handled.
- Two months of silence = waiver
- Express waiver possible before the end
- Request for documents or visit: period suspended
What can the town decide?
Waive, buy at the DIA price, or offer a lower price. If the price is disputed, the competent court can set it; in some cases the seller may withdraw the sale.
In practice for your purchase
The sale agreement usually includes a clause making the sale subject to no pre-emption. You therefore wait for the period to end (or a written waiver) before signing the final deed. This runs in parallel with your loan steps.
Other deadlines around the sale agreement
After signing, the buyer has a 10-day withdrawal period. For the loan, the offer must remain valid at least 30 days and can only be accepted after a 10-day reflection period. These stack with pre-emption and explain the usual time between agreement and final deed.
Frequently asked questions
What if the town hall does not answer?
After two months of silence from receipt of the DIA the town is deemed to have waived and the sale can go ahead.
Can the town really buy my flat?
Yes, in a pre-emption zone and for a general-interest purpose, but it is rare relative to the number of sales.
Is there always a pre-emption period?
No, only where the municipality has instituted the right, and some sales are excluded.
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