27 May 2026
When an owner plans to sell commercial or craft premises in France, the tenant may in some circumstances have a statutory right of first refusal. France’s Economic Life Simplification Act now expressly defines which premises fall within this mechanism.
Which premises are covered?
The statutory right applies to premises mainly used for retail or wholesale trade, commercial services or craft activities. Storage areas and adjoining spaces allocated to those activities are also included.
Exclusive offices and warehouses are excluded
The new definition excludes premises used exclusively as offices and warehouses. Their sale does not therefore trigger, by itself, the statutory right of first refusal under Article L. 145-46-1 of the French Commercial Code.
Classification depends on the premises’ principal purpose and actual use. Mixed-use properties or premises comprising several areas should therefore be reviewed carefully before any sale or notice is issued.
When does the clarification apply?
The rule applies to sales occurring after the Act was promulgated on 26 May 2026. It concerns the tenant’s statutory right and does not override any separate right created by the lease or another contractual undertaking.
Read Act No. 2026-403 of 26 May 2026 on Légifrance
Photo: Quilia / Unsplash.
Further reading : French Commercial Leases: A Landlord May Withdraw an Unaccepted Offer to Sell.
The firm does not contractually guarantee the accuracy or current validity of this information. To assess how it applies to your circumstances, please consult one of the firm’s notaries.
