The real business lease provided for by the ordinance of February 8, 2023 can be offered by real estate organizations to micro-businesses or via local public establishments. The aim is to promote a mixed economy and revitalize local areas, by supporting micro-entrepreneurs in the relocation of small businesses in urban areas and town centers.
A dedicated aid scheme for micro-businesses
The "bail réel solidaire d'activité" (BRSA) concerns only micro-businesses (with fewer than 10 employees and sales of less than 2 million euros). It enables them to occupy commercial or professional premises in return for payment of a fee to a solidarity land organization (OFS). SFOs are free to set their own eligibility criteria in terms of status, type of business or sales figures for the future leaseholder.
The BRSA " takes up or is strongly inspired by the constituent elements of the joint real estate lease ", states the report to the President of the Republic which accompanies the ordinance. Indeed, it provides for the principle of dissociation of land and building ownership, with the payment of a land fee, a rechargeable long-term lease (between 12 and 99 years) and the possibility of transferring real rights subject to a framework of transfer prices.
The BRSA allows micro-businesses to benefit from significant advantages:
- Moderate rents, lower than standard commercial leases,
- A longer lease term, providing greater security and more time to develop.
Obligations of micro-entrepreneurs
Micro-companies holding a joint real-estate business lease will have to comply with a number of obligations:
- Occupy and operate the premises without renting them out,
- Pay a fee to the FSO,
- Pay rent,
- Carry out any construction or renovation work stipulated in the lease contract,
- Keep the premises in good condition.
The rights and obligations of the parties to the lease contract are set out in article L 256-7 of the Ordinance of February 8, 2023.
Real rights can be assigned at any time
As in the case of BRS, micro-businesses may at any time transfer rights in rem relating to the leased premises. The sale or donation requires the issuance of a prior offer of sale or donation, mentioning the temporary nature of the real right and its expiry date, the new duration of the lease, the conditions for SFO approval, and the method of calculating the sale price or the value given.
Micro-entrepreneurs wishing to exercise this right of assignment or donation must inform the SFO within 30 days of receipt of the prior offer of assignment or donation. If the SFO agrees, the lease term is extended accordingly. In the event of refusal by the SFO, the organization may designate a purchaser meeting the acceptance conditions. If the parties fail to reach agreement within 6 months of the request, the lease may be terminated by mutual agreement, and the micro-business compensated for the value of its real estate rights.
Creation of a joint real-estate business lease for micro-businesses. https://t.co/125vwKuy78- DILA (@DILA_officiel) March 8, 2023