Right of Pre-emption
A pre-emptive right allows the City of Vaudreuil-Dorion to purchase certain buildings or land in priority over any other purchaser in order to carry out projects for the benefit of the community, including, amongst others, for purposes related to public spaces and parks, public roads, as well as social and community or affordable housing units.
What should you do if you are the owner of a building and have received notice that your building is subject to a pre-emptive right?
If you receive notice that your building is subject to a pre-emptive right, you cannot refuse it. Upon receipt of this notification, you retain all of your ownership rights and must continue to meet your obligations as an owner. No further action is required on your part until such time as you decide to sell your property and an unconditional offer to purchase is accepted.
What if your property is subject to a pre-emptive right and you wish to sell it?
You have a legal obligation to send the City a notice of intent to dispose of the building upon acceptance of an unconditional offer to purchase, without which the City may cancel the sale. No later than 15 days following notification of your notice of intent to dispose of the building, you must send the City all existing documents provided for in the By-law respecting the right of pre-emption.
What actions does the City need to take next?
The City then has 60 days from receipt of your notice of intent to dispose to notify you of its intention to exercise its pre-emptive right and acquire the building. Otherwise, the City shall be deemed to have renounced its pre-emptive right. If the City chooses to exercise its pre-emptive right, it must, within 60 days of providing notice of its intention to exercise its pre-emptive right and acquire the building, pay the price of the building and proceed with the signing of the act of sale.
Frequently Asked Questions
What is the purpose of the pre-emptive right?
To acquire land or buildings at market price that can be used for the benefit of the community. It serves as a tool that can lead to the creation of projects related to housing, the protection of natural environments, the implementation of sports infrastructure, etc.
How do I submit my NOI?
You must fill out the form provided. The form must be sent to the City, which then has a maximum of 60 days from the date of receipt of your notice to inform you of its intention.
Can I refuse to be subject to a pre-emptive right?
No, it is not possible to decline notification of a pre-emptive right.
Can a pre-emptive right lead to my expropriation?
No. Even if your property is subject to a pre-emptive right, you remain the owner until you decide to sell it.
Why is my building subject to a pre-emptive right?
Your building has been identified as being situated in a location of interest for the purpose of carrying out projects for the benefit of the community.
Who decides which buildings are subject to a pre-emptive right?
The municipal council decides by resolution which buildings will be subject to a pre-emptive right regulation following recommendations by the municipal administration.
For any other information relating to the right of pre-emption:
Mélissa Côté, Interim Clerk and Director
Clerk’s Office and Legal Affairs Department
450-455-3371, ext. 2006
melissa.cote@ville.vaudreuil-dorion.qc.ca