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Parcels, built or not, even portions of waterways included in the public fluvial domain granted by the State to Voies navigables de France, may be used for private occupancy.



 

This exceptional occupancy is allowed by the local representatives of Voies navigables de France provided that the needs for operation and navigation so permit; as the public domain is concerned, these authorisations are given only on a precarious and revocable basis. An application to occupy the domain must be filled out at the subdivision of navigation in charge of the waterway and of its outbuildings under consideration. (Adresses of the subdivisions)

In application of law no. 94-631 of 25 July 1994, they can constitute chattels real in favour of the beneficiary of the authorisation; however, these provisions apply only to new constructions or to subsequent renovations, the property right thus conferred bearing solely on the real estate property built or renovated by the tenant and solely for the duration of validity of the agreement.

Authorisation usually takes the form of a temporary occupancy agreement, the  duration of which varies according to the type of occupancy; it is issued by the competent representative of Voies navigables de France (local delegation, regional or inter-regional division). ).(Organisation charts of the regions)

Private occupancy of the public fluvial domain granted to Voies navigables de France results in royalties.

It is Voies navigables de France which, in application of article 14 of  decree no. 91-791 of 20 August 1991 and in application of the provisions of article R 56 of the Code of the State’s Domain, determines the amount of the royalties; the royalties are to be paid to the accountant of Voies navigables de France designated by the agreement.

 

 



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