English
FrançaisI would be interested to hear any experiences of what normally happens when the official 18 year RdT status period ends and the building theoretically returns to a normal status.
For example:
Does the operator lose his rights to use the common areas under the RdT rules?
Can the operator claim eviction indemnity for the common areas if the owners no longer wish to have an operator looking after the common areas in the same way they can for the termination of an apartment leaseback contract.
Does the operator quietly leave the building? I assume not?
Does the operator status continue as long as the operator wishes to continue?
Hi,
There are no closed period of time for the Residence to change status. This is depending on local authorities and their planning.
I am dealing with one residence, the town hall is refusing any change of residence status it basically mean that as long as the town hall refuses to change the status then the residence will remain tourism residence with the standards tourism residence laws.
Regards,
Eddy
Hi Eddy,
thx for reply. We have an explicit term of 18 years in our copro regs term. See below.
Does this mean the text is not worth the paper it is written on or has the promoter/notaire already agreed an exit date from RdT with the Mairie?
i understood that leaseback contracts are commercial contracts and the operator can continually renew the contract or ask for EI, but had never really looked into how the RdT status for the building worked?
2 ° / - DESTINATION - OCCUPANCY For a period of EIGHTEEN YEARS from this day, at least seventy percent (70%) of the private lots (apartments) of the REAL ESTATE GROUP will be intended for the exercise of tourism residence activity classified and operated by a single operator to which a majority of said lots will be rented furnished by commercial lease. After this period, the buildings of the REAL ESTATE will be intended for mixed use: residential and professional except the ground floor reserved exclusively for the exercise of commercial, craft or liberal activities both in individual form and under corporate form.
Hi,
Yes it might already be agreed as per the planning permission but I would suggest to verify with the planning office of the Mairie because I know few co-ownership rules showing a minimum of 9 years with a management company and under the RdT status but Mairie directives are different.
It needs to be checked out.
Regards,
Eddy
Thanks Eddy, very useful! We will check with the Mairie