Legal guide — right of first refusal art. 20 Law 89-01, price notification, 30-day deadline.
Legal framework art. 20 Law 89-01
Article 20 (modified 2017). Commercial: art. 172 bis Code Commerce.Methodology: art. 20 + 4 notaries + Kloufi.
Exercise conditions
2-year tenure, written enrolled lease, up-to-date payments, primary residence, financing capacity.Notification procedure
AR letter mandatory. Content: price, conditions, third-party identity, 30-day deadline. Point of departure: receipt date.Tenant response options
Acceptance, express renunciation, silence (tacit), counter-proposal, additional delay request.Landlord non-compliance sanctions
Sale nullity + substitution + damages. Action 2 years from awareness.Tip: kricar.fr.
Commercial lease art. 172 bis
Similar right. 2 years activity. Registered Trade Register. Commercial court jurisdiction.Tax aspects
Same as third-party purchase: 5% registration + 1% stamp + 3-5% notary. Total 9-11%.Editorial Q&A
2 years min. 30-day response. No price negotiation. Family sales excluded.Frequently Asked Questions
DZ framework?
Art. 20 Law 89-01 + art. 172 bis Commerce.
Conditions?
2 years min, written lease, up-to-date.
Notification?
AR letter mandatory.
Deadline?
30 days from receipt.
Negotiable price?
No, same as third party.
Exclusions?
Family sales, expropriation, succession.
Sanctions?
Nullity + damages. 2-year action.
Total cost?
Price + 9-11%.