Return of the expropriated property

Verified 24 November 2020 - Directorate for Legal and Administrative Information (Prime Minister)

After an expropriation, you retain a right of retrocession on the property, that is, a right of restitution. The return of the property may be proposed by the public person or be requested by you, under certain conditions.

The right of retrocession allows you to take back, under certain conditions, your former expropriated property.

You have a right of retrocession in 2 situations:

  • The public person (State, local authorities...) wishes to sell the property acquired by expropriation
  • The project provided for in the declaration of public utility (DUP) for which the property was intended is not or is no longer respected by the public person within 5 years the expropriation order

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The public person wants to sell the expropriated property

The public person must inform you first of their decision to sell, by registered letter with notice of receipt. It must also invite you to choose between the immediate exercise of your right of retrocession or the waiver of this right.

You have 2 months to inform the public person by registered letter with notice of receipt your acceptance and the amount of the sale price you are prepared to pay.

If you fail to respond within this period, the sale will be forfeited.

If there is no agreement on the sale price, the public person must seize the expropriation judge.

If the identity or domicile of the former owner is unknown, the public person publishes a poster in the municipality where the property he wishes to sell is located. This notice is also published in newspapers published by the Department. The most recent publication starts a 3-month period for those wishing to assert their right of retrocession.

The expropriation plan is not or is no longer respected by the public

If you realize that the purpose of the project is not or is no longer respected within the next 5 years the expropriation order, you can apply for the return of the property for 30 years.

The law does not provide for any form of application for retrocession, so you just have to notify the public person by all means. It is recommended, however, to do so by registered letter with acknowledgement of receipt.

Retrocession request accepted

If the public person agrees to the return of the property, you must agree on the sale price of the property.

If there is no sales price agreement, you can enter the expropriation judge.

Retrocession application denied

The public person can reject your application by disputing the fact that the purpose of the expropriation project is not respected.

You can enter the expropriation judge within 2 months from the decision of rejection to decide on the validity of your request and the amount of the sale.