In order to have the boundaries of a protective zone for local businesses and crafts validly adopted, a mayor must submit a municipal council draft motion to the Chamber of Commerce and Industry and the Chamber of Trades and Crafts in the jurisdiction of which the commune is situated.
Moreover, the draft motion must be submitted along with a draft plan setting out the proposed boundaries of the protective zone, and a report assessing the local businesses and crafts concerned and reviewing the factors threatening the diversity of their activities.
If the Chamber of Commerce and Industry and the Chamber of Trades and Crafts fail to make any observations within two months, they may be considered to have approved the plans. Once their opinion has been given, the municipal council may debate the motion.
After the registration formalities required by the French Town Planning Code have been completed, the pre-emption rights on the transfer of commercial and crafts businesses, commercial leases and land on which business premises have or will be built (with a sales area of between 300 and 1,000 m²) come into force within the commune.
Although this pre-emptive right can be delegated to an EPCI, the notaire must always send the statement to the municipality of the location of the fund, or lease land.
