URBAN PLANNING / Abandoned buildings: the law does not allow the COM to solve the problem


They give a bad image of the island, represent visual pollution. Damaged and unrestored buildings reinforce this impression that the land is dirty, poorly maintained. For some, they have been abandoned for several decades by their owners for various reasons without the community or the State being able to act. The only measure that the COM can take is an endangerment order if necessary. From a legal point of view, unlike other communities or municipalities in metropolitan France, it cannot act on these private and degraded goods.

This gap was highlighted by the authors of the report on the post-Irma reconstruction of the court of auditors, who thus encourage the State to "provide the COM with rules of law to resolve [this] question of abandoned property. ". Concretely, this involves adapting and extending to the French part of the island certain articles of the general code of local authorities, specifically articles L.2243-1 to L. 2243-4.

This modification would allow the COM to initiate a procedure for declaring the plots concerned in a state of manifest abandonment. Elected officials will have the possibility of pronouncing expropriations for the benefit of the COM, an organization or a concessionaire of a development operation with a view to either construction or rehabilitation for housing purposes. (soualigapost.com)

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