Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister of Employment, Social Cohesion and Housing,
Given the Constitution, including its Section 38;
Given the Civil Code;
Due to the Commercial Code;
Due to the General Code of Territorial Communities;
Due to the Construction and Housing Code;
Due to the Public Health Code;
Due to the Act of June 1, 1924 Amended bringing into force French civil law in the departments of the Bas-Rhin, the Haut-Rhin and the Moselle, in its provisions on land advertising;
In view of Act No. 2006-872 of 13 July 2006 National housing, in particular Article 44;
In light of the amended Decree No. 55-22 of 4 January 1955 on the reform of land advertising;
The Council of State heard;
The Council of Ministers heard,
Ordonne:
A Title IV is inserted in Book V of the Construction and Housing Code:
"TITLE IV
" PROVISIONS RELATING TO THE ENFORCEMENT OF POLICE MEASURES IN RESPECTING USING LOCATIONS OR DANGEROUS
"Single Chapter
" Solidarity between successive owners and operators
of Unsanitary or dangerous premises
" Art. L. 541-1. -The opposition lodged before the administrative court in the enforcement order issued by the State or by the municipality in payment of a claim resulting from the enforcement of measures taken pursuant to Articles L. 1311-4, L. 1331-24, L. 1331-26-1, L. 1331-28, L. 1331-29 and L. 1334-2 of the Code de la santé publique, articles L. 123-3, L. 129-2, L. 129-3, L. 511-2 and L. 511-3 of this Code, or of the rehousing or accommodation of occupants pursuant to Article L. 521-3-2, is not Suspensive.
" In the case of a claim by the municipality, the provisions of the third paragraph of Article L. 1617-5 of the General Code of the Territorial Communities shall not
. Art. L. 541-2. -Where an order made pursuant to Article L. 1331-28 of the Public Health Code or Articles L. 123-3, L. 129-2 or L. 511-2 of this Code has been published for the conservation of mortgages or the land book, successive owners who Acquired the property subsequent to that advertising shall be jointly and severally held with the owner of the building on the date of the order for the payment of the sums resulting from the measures executed ex officio and the costs of accommodation or rehousing of the Occupiers.
" Where an order made pursuant to Article L. 1331-28 of the Public Health Code or Articles L. 123-3 or L. 511-2 of this Code relating to a building in which is operated, at the date of the order, a fund of Trade for accommodation, has been published on the public register held at the Registry of the Commercial Court in whose jurisdiction the fund is operated, the successive operators of the same fund in the same premises subsequent to that advertising Shall be jointly and severally liable with the operator of the fund on the date of the order for the payment of the sums resulting from the measures executed ex officio and the accommodation or rehousing costs of the occupants.
" The cost of advertising measures First and second paragraphs is supported by those to whom the acts have been notified.
" Art. L. 541-3. -Where an order made pursuant to Article L. 1331-28 of the Public Health Code or Articles L. 123-3 or L. 511-2 of this Code has been published for the conservation of the mortgages or the land book and on the public register kept at the Registry of the Court of trade in whose jurisdiction the fund is operated, the owner of the building and the operator of the trade fund and their successive transferees referred to in Article L. 541-2 shall be jointly and severally liable for the payment of the sums As a result of the measures taken ex officio and the accommodation or rehousing costs of the occupants.
" The owner of the building and the operator of the trade fund shall be jointly and severally liable from the notification made to them The order by the administrative authority.
" The cost of the publicity measures referred to above shall be borne by those to whom the acts have been
. Art. L. 541-4. -If an encumbered asset of the special immovable privilege referred to in the 8 ° of Article 2374 of the Civil Code is included in an assignment plan adopted pursuant to Article L. 631-22 or Articles L. 642-1 and following of the trade code, the burden of That security is transmitted to the assignee. It is then required to pay in the hands of the creditor the sum remaining due on the date of the transfer of ownership, or in the case of lease-management, of the enjoyment of the property on which the guarantee relates.
" Art. L. 541-5. -The solidarity provided for in Articles L. 541-2 and L. 541-3 in the event of a judicial sale does not apply to policyholders, including where such sale is authorised or ordered judicially during a safeguard, recovery or Court liquidation, and in case of sale by invitation to
. Art. L. 541-6. -Where a building struck from an order made pursuant to Article L. 1331-28 of the Public Health Code or Articles L. 123-3, L. 129-2, L. 511-2 of this Code or the trade fund operated therein for the purpose of accommodation, Of a transfer, the notary who draws up the act shall immediately notify the author of the decree and the mayor of the municipality of the transfer. "
I. -The public health code is thus amended:
1 ° A the first sentence of II of Article L. 1331-30, after the words: Ex officio performance, " Are inserted the words: " Payment of sums advanced in Place and place of a failed coowner, " And the word: " Land " Is deleted;
2 ° The last paragraph of Article L. 1331-30 is replaced by the following provisions:
" If the building is in the condominium status, the Recovery title is addressed to each co-owner for the amount of debt owed to the co-owner. "
II. -The code of construction and housing is thus amended:
1 ° The second subparagraph of Article L. 129-4 is replaced by the following provisions:
" Costs of any kind, resulting from the execution of office or substitution Office to the defaulting owners or co-owners are advanced by the commune and recovered as in the field of direct contributions. If the property is a condominium, the collection title is addressed to each co-owner for the portion of the debt owing. " ;
2 ° Article L. 511-4 is replaced by the following:
" Art. L. 511-4. -The costs of any kind, advanced by the municipality when it substituted for the defaulting owners or co-owners, pursuant to the provisions of Articles L. 511-2 and L. 511-3, are recovered as in the case of contributions Direct. If the property is a condominium, the collection title is addressed to each co-owner for the portion of the debt owing. " ;
3 ° The last paragraph of VI of Article L. 521-3-2 is deleted.
I. -The provisions of the first paragraph of Article L. 541-2 of the Construction and Housing Code shall apply to transfers subsequent to the publication of this Ordinance on immovable property Subject to an order of insalueness or peril before the publication if the publication has been the subject of, prior to the transfer, a publication for the conservation of the mortgages or the land book or is subject to registration in application of the 1 ° of the article 2384-1 of the Civil Code.
II. -The provisions of the second paragraph of Article L. 541-2 of the Construction and Housing Code shall apply to transfers of trade funds operated for accommodation after the publication of this Ordinance if The order of insalueness or peril prior to this publication was published prior to the assignment on the public registry held at the Registry of the Commercial
. -The provisions of this order shall be specified, as appropriate, by an order in the Council of State.
The Prime Minister, the Minister for Employment, Social Cohesion and Housing and the Minister of Justice, Minister of Justice, are responsible, as far as they are concerned, for the application of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, 11 January 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
The Seals Guard, Minister of Justice,
Pascal Clément
