Domanial sale: definition, procedure and taxes

What is a state sale?

Domanial sale: definition

The state sale is the Sale of a state belonging to the Stateto a public establishment or a public community (articles L 3211-1 and following of the general code of ownership of public persons). It can be a furniture or real estate property: house, apartment, land, agricultural property, vehicle, boat, jewelry, art objects, etc.

Origin of property in state sales

These goods come most of the time from a vacant successionwithout heir, or a ordered confiscation by judgment of a judicial court. It can also be the sale of an object found, but not claimed, or more simply a property from which the community wants to separate (in the latter case, the state sale must be preceded by a downgrading).

What types of goods are available in state sales?

THE state sales concern different types of goods belonging to the State or to public authorities. These goods can be offered for auction, either online or during physical physical sales.

Auction for real estate: houses, areas, land …

Real estate is one of the most common categories in state sales. They include land properties or buildings that the State or public authorities seek to yield.

• Individual houses can be sold. These properties are often goods that have been seized or abandoned.
• Public land is frequently sold. They can be intended for construction, development or agriculture projects.
• Domains, including large agricultural or forestry properties, can be sold.
• Commercial or industrial buildings, such as warehouses or offices, can be included. These goods are often put up for sale due to their vacuum or declassification of their public use.

Car auction and other movable property

State sales also concern movable property, especially vehicles and various objects that belonged to the State or to public institutions.

• State vehicles, such as service cars, trucks, utilities or police vehicles are regularly sold at auction when obsolete, damaged or replaced by new models.
• Mobilier objects, such as office equipment, furniture or scientific instruments, can also be sold. These objects come from administrations, institutions or departments that have stopped using them.
• Certain equipment and tools from public works or institutions (mechanical shovels, cranes, agricultural machines, etc.) are also sold.

Value -based auction

Some great value belonging to the State Or public institutions can also be sold, in particular the collections of works of art from museums, national collections or public institutions. It also concerns ancient or collection objects.

Sale of agricultural and forest goods

Certain agricultural or forest goods, such as agricultural land, forests or farms belonging to the State, can be sold. These goods are often put up for sale in the Public domain management framework or for economic reasons related to the maintenance or assignment of these land.

What are the different types of state sales?

Sale of real estate from the private state of the State

These goods are properties that are not assigned to specific public use. The state can therefore dispose of it freely by sale. For example, land, unused buildings, or goods not assigned to a public service can be sold. The sale procedure follows strict rules to ensure transparency and equal access to purchase.

Sale of a public domain

Although public goods are in principle inalienable and therefore not likely to sell, there are exceptions, as when a property is sold in a specific framework For a project of general interest or for reasons for managing public resources.

Specific state sale

Specific state sales concern special goodsoften in exceptional situations, requiring special procedures. These sales may include seized property, intended for development projects, disengaged from the state, or exceptional. They meet optimal public resources management objectives.

How is a state sale in France?

Domanial sale and priority

Prior to the state sale, the State has the obligation to propose the goods he intends to sell communities local which benefits from a priority right. Without response from them or in the event of refusal, the State can open up the state sale to individuals and businesses.

The only prohibited minors and people who are struck by a ban on taking part in state or insolvent sales.

Announce the state sale

The date of the proposed state sale must be published in a legal announcement journal At least one month before D -Day. The advertisement must include all the details of the state sale (description of the property, conditions of the visit before sale, price put, amount of costs), all of these elements appearing in the specifications established for sale.

Possible sales methods

The state sale can be made:

• auction;
• Under the terms of a call for tenders by the field, the principle being that the property must be sold to the candidate who offers the best offer;
• By an amicable assignment, that is to say that, ultimately, the property is sold by the way to a particular person, without going through the auctions or the call for tenders.

How does the state sale take place of an auction property?

Representation of the State by France Domaine

The state is represented by France Domaine, which is a emanation of the Directorate General of Public Finance of the Ministry of the Economy. He can also subcontract the sale, by mandating a notary or a real estate agent, who must respect the specifications established by the Domains Service.

Procedure of an auction

Auction is the most widespread path. It takes place at the Tax Hotel or the Prefecture. During the sale, potential buyers bid from the announced sales price . It is only at the time when there is no new auction that the property is awarded to the last bidder, which then becomes a contractor.

Principle of adjudication

The contractor is the person who won the auction and who becomes the new owner Good. This is done once the last bidder has won the sale. However, it is not yet an immediate transfer of ownership. The contractor must still sign an act of sale.

Finalize the sale with a notary

However, even declared a contractor for the property, the new buyer does not immediately become the owner of his property. Indeed, in the eightdays following the salehe must make an appointment with the notary to finalize the real estate sale and pay the price balance.

Adjudication report

The auction report is published at Land Advertising Services. The minutes are accompanied by the specifications, which contains all the specific conditions of the sale, and, together, these documents constitute the title of ownership of the contractor, thus proving the legality of the acquisition of the property.

What is the state tax?

The person who buys a property for state sale at auction or by call for tenders must pay a state tax, In addition to the price of good . This tax represents:

• 6 % of the price for purchases by tender;
• 11 % of the price for auction.

VAT is also sometimes due.

How to participate in a state sale as an individual?

Tax Hotel or the department of department

It takes place most of the time in the Tax Hotel or the department of department. He just show up with an identity document And proof of domicile on the day of state sale to be able to participate. For any price of more than 7,500 euros, a consignment check is requested in the amount of 5 % of the value of the property.

Sales on Agorastore

In addition to physical sales, it is possible to participate in online state sales, proposed by dedicated platforms Like Agorastore. The state and public authorities are selling various goods (real estate, vehicles, equipment, etc.), and participants can bid at a distance and follow sales in real time.

Unicitor

Licitor is another platform used for online state sales, where the State and other public institutions sell real estate, furniture or vehicles. Bidders can connect, Consult the ads And participate in auction from their computer.

Sales instructor

The sales instructor is a platform that Centralizes public auction announcements.It also includes state sales, allowing individuals to consult the goods put up for sale by the State and to participate directly online.

What is the difference between state sale and sale by adjudication?

The sale by adjudication concerns property seized within the framework of legal proceedingsaimed at reimbursing receivables or liquidating heritage in contexts such as bankruptcies or successions. The auctions are also public, but the procedure is supervised by justice, with an often low price and a more complex process.

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