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Option Law

Original Language Title: Etuostolaki

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Prohibition Act

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1

The municipality is entitled to benefit from the property trade in the municipality. (16.7.1990/654)

Paragraph 2 has been repealed by L 16.7.1990/654 .

The right of preference may be used for the purpose of obtaining land for the purposes of community building, recreation and protection. (233.1989/289)

Notwithstanding the provisions of paragraph 3, the city of Helsinki, Espoo, Beautiful and Vantaa has the right of advance in the trading of property in the city. (6.11.19990)

ARTICLE 2

"Benefits" means the municipality's right to redeem the property sold. Use of the right of access ( Front end ), when it is completed, the municipality shall be deemed to have entered the transaction at the time of the sale, on the basis of the conditions agreed in the transaction. The seller cannot rely on the conditions of trade which, despite the request, he has not notified to the municipality and of which the municipality, when deciding on the exercise of the right of forward purchase, did not know. The position of the municipality in relation to the third person is the same as that of the buyer. (12.4.1995/545)

In the form of a real estate sale, there shall be a transfer of real estate in which the value of the consideration other than the fixed assets constitutes the main part.

The municipality may also communicate the request referred to in paragraph 1 to the seller by sending it by post to the seller's trader or in the electronic trading system to the address indicated. The seller shall be deemed to have received the request on the seventh day following the date of delivery of the document for carriage. An invitation to the seller may be subject to a period of at least two weeks for the indication of the terms of trade. An indication shall be made of the date by which the notification must be submitted at the latest. (23/03/2013)

ARTICLE 3

At the same time, at the time of the sale of two or more properties on the territory of two or more municipalities, the entitlement to benefit is the municipality in which the majority of the total area of real estate is located.

§ 4

As far as the property is concerned, this law also applies to a qualifying part of the property and the provision of the property.

The area of the property shall be calculated for the purposes of this law according to its land area.

The area of the quantity sold in the real estate shall be considered as the proportion corresponding to the proportion corresponding to the area of the property.

§ 5

There is no right of preference when:

(1) the property shall consist of, or, if, at the same time, the sale of different property is sold by means of a transfer or otherwise disposed of, comprising 5 000 square metres or less; (16.7.1990/654)

(2) the buyer is the spouse or person of the seller who: (40/65) and (4) May be charged by the seller, or the spouse of such a person;

(3) the buyer is a State, State of business or another State institution; or (23.06.2005)

4) the sale takes place by means of foreclosul.

For the purpose of calculating the area referred to in paragraph 1 (1), account shall also be taken of real estate transactions between the same buyer and the same vendor in the same municipality in the last two years, as well as the shops in which the property originator or The supplier is the entity from which the buyer or the seller owns more than half, as well as the shops where the property has been transferred from the same seller to the same buyer. (16.7.1990/654)

Paragraph 1 (2) shall not apply when the property is handed over to the buyer and to the other buyer jointly.

Notwithstanding the provisions of paragraph 1 (1), the city of Helsinki, Espoo, Beautiful and Vantaa shall have a right of advance if the common area of the property or property is more than 3 000 square metres. (09.1988/1063)

Notwithstanding paragraph 1 (1), the municipality has the right to benefit from land use and building (132/1999) in Article 110 Within the meaning of Articles 111 and 112 of the said Act. (5.2.1999)

ARTICLE 6

The right of preference is not, when using it, taking into account the relationship between the buyer and the seller, the conditions of the release or other circumstances, must be regarded as manifestly disproportionate.

In addition, there is no entitlement to a preferential treatment when a State, State Business or other State institution sells the property:

(1) the consent given by the representative to the trade office designated by the Parliament; or

(2) a company controlled by the State for their own use by a State control, State fund or public service foundation.

(23.06.2005)
§ 7

The advance includes the complete and movable property sold by the deed as a whole.

CHAPTER 2

Procedure for granting preferential treatment

§ 8

At the written request of the property owner, where the object of the transaction, the purchase price and other trading conditions and the address of the owner of the property, the municipality may indicate in advance that it will not exercise its privileges if the property Of the municipality's decision to be sold on the notified terms.

§ 9 (24.7.2009)

If the municipality decides to exercise its right to benefit, it shall notify the purchaser, the seller and the authority in whose territory the property is situated in writing. The decision shall be taken and notified to the Authority within three months of the authentication of the deed. The decision shall be notified without delay as evidence of evidence to the purchaser and to the seller, as in the administrative law (2003) Provides.

Where the supply consists of real estate within the territory of two or more registration authorities, the notification referred to in paragraph 1 shall be made separately for each letter of registration.

ARTICLE 10

If the municipality fails to do so, what it has to do with Article 9 is a privilege lost.

ARTICLE 11

The right to benefit has been completed when the municipality's decision to exercise the right of precedence has been acquired by law.

ARTICLE 12 (23.06.2005)

The use of the right of preferential treatment must be entered in the borrowing and mortgage register. The entries shall be removed once the advance has been completed.

ARTICLE 13

When the advance is completed, the purchaser will supply the municipality with the deed to the municipality and the documents relating to the property it receives, which are relevant to the municipality as owner of the property.

ARTICLE 14

The retrocession of the property, which has been completed before the time has elapse for the use of the benefit, or whether the municipality has a right of precedence, has been legally resolved, does not prevent the municipality from exercising its privilege.

CHAPTER 3

Performants resulting from the front purchase

§ 15 (23.06.2005)

Until the end of the advance, the purchaser must take care of the supplier in accordance with the trade book or the fulfilment of the obligations otherwise. When the advance is completed, the municipality shall be reimbursed to the purchaser as to what has been done before it, but not the performance of the buyer's negligence. In addition, the municipality shall reimburse the financial and other necessary costs incurred by the purchaser for the transaction. The same applies to the costs incurred in the management, management and maintenance of the property.

For the purposes referred to in the first paragraph of the buyer, the municipality shall pay the sum of each payment from the date of payment of the interest (633/1982) (2) interest rate.

The municipality shall compensate the purchaser for the costs referred to in paragraph 1, as well as the interest provided to them and to the price of the purchase price, as provided for in paragraph 2, only to the extent that they exceed the proceeds of the purchaser's property or any other financial gain.

If the value of the property sold is reduced as a result of the buyer's measures or omissions, the municipality has the right to receive reasonable compensation.

ARTICLE 16

If the purchaser before the end of the contract has fulfilled the obligations arising from the sale, the municipality shall read them in the course of its relationship with the seller.

§ 17

When, due to the nature of the condition of the property trade, it cannot be completed as such by the local authority as such, the obligation must be converted into the full value of the goods. However, at the request of the seller, the condition relating to the performance of the purchaser shall be fulfilled in a manner comparable to the original condition, if the municipality is to be regarded as being equal to the condition.

ARTICLE 18 (13/09/139)

The case referred to in Articles 15 and 17 shall be raised in the district court within six months of the end of the advance.

CHAPTER 4

Law-making,

§ 19 (16.7.1990/654)

The sale of a property to a property shall not be subject to a state of law until the time allocated to the exercise of the right of benefit under Article 9 (1) has elapse, or if the municipality has decided to exercise its privileges before it has been legally settled, that the municipality does not have this Justice. (12.4.1995/545)

Paragraph 1 shall not respect the question of whether the property or real estate trade referred to in Article 5 (1) (2), (2) to (4), where the municipality of origin is not subject to a privilege, is not complied with. Paragraph 1 shall also not be complied with in the cases referred to in Article 5 (1) (1), where the application for a loan is accompanied by a written declaration from the purchaser that there is no transfer within the meaning of paragraph 2 of the same Article. Happened. (6.11.19990)

§ 20

The time during which the municipality is required to shout out the property acquired at the front, shall be read as soon as the advance is completed. The Registry shall be regarded as the purchaser's copy of the buyer's copy or a copy certified by the public trader.

CHAPTER 5

Miscellareous provisions

ARTICLE 21

According to this law and the provisions adopted under it, the tasks of the municipality are to be exercised by the municipal authorities. The municipal government may, to the extent of its decision, transfer its decision to the effect that the municipality does not exercise its privileges.

The decision of the holder shall not apply to: (365/1995) Article 51 Provides. The decision by which the municipality has decided not to exercise its prerogatives is not subject to the provisions of Article 92 of the Municipality Act. (23.06.2005)

KuntaL 365/1995 Has been repealed by L 42/2015 , see Transitional provisions KuntaL 42/2015 ARTICLES 147 TO 150.

§ 21a (16.7.1990/654)

In the event that a contractual condition has been imposed or any other measure has been taken in order to avoid the exercise of a right of interest, the Court of Justice, as referred to in Article 18, may decide that the condition or measure is not binding on the municipality or Is not an obstacle to the exercise of the right of privilege. The action shall be lifted within three months of the authentication of the property deed. The period provided for in Article 9 (1) for the exercise of a right of priority shall only start to run when the matter has been legally settled.

§ 22 (17/05/2015)

The buyer and seller of the decision referred to in Article 9 (1) shall appeal to the Administrative Court as provided for in the Act.

An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

The decision of the municipality not to use the privilege shall not be subject to appeal.

L to 10/7/2015 Article 22 will enter into force on 1 January 2016. The previous wording reads:

§ 22

The buyer and seller of the decision referred to in Article 9 (1) shall appeal to the administrative court within 30 days of the notification of the decision. (23.06.2005)

When the municipality has decided not to use the privilege, the decision must not be appealed against.

ARTICLE 23

On the obligation of the public service provider to inform the municipality and the municipality of the compensation to be paid to the municipality, as well as the municipality's obligation to provide the law-abiding authorities with the necessary information on the planning situation In the municipality, is regulated by decree. The Regulation can also provide more detailed provisions on the implementation of this law.

This Act shall enter into force on 1 October 1977 and repeal the Law of 29 August 1975 on the privileges of the municipality of property (692/75) .

This law does not apply to real estate transactions prior to the date of entry into force of the law.

Entry into force and application of amending acts:

20 AUGUST 1982/638:

This Act shall enter into force on 1 September 1982

HE 162/81, ltdh. 4/82, svk.M. 81/82, svk.i. 81/82

9 DECEMBER 1988/10:

This Act shall enter into force on 15 December 1988.

HE 98/88, second-rate. 15/88, svk.M. 183/88

10.3.1989/253:

This Act shall enter into force on 1 November 1989.

HE 65/88, second-rate. 12/88, svk.M. 157/88

23.3.1989/289:

This Act shall enter into force on 1 April 1989.

HE 236/88, l-tvs. 1/89, squeals. 16/89

16.7.1990/654:

This Act shall enter into force on 1 September 1990.

Real estate transactions prior to the entry into force of the law shall be subject to the provisions previously in force.

HE 104/89, l-tvs. 12/90, svk.M. 70/90

6.11.19990:

This Act shall enter into force on 1 December 1992.

THEY 121/92 , YmVM 7/92

12.4.1995/545:

This Act shall enter into force on 1 January 1997.

THEY 120/94 , LaVM 27/94

5.2.1999 TO:

This Act shall enter into force on 1 January 2000.

THEY 101/1998 , YmVM 6/1998, EV 248/1998

23.6.2005/471:

This Act shall enter into force on 1 August 2005.

Real estate transactions carried out before the entry into force of the law shall be subject to the provisions in force when the law enters into force.

THEY 24/2005 YmVM 6/2005, EV 56/2005

13 MARCH 2009:

This Act shall enter into force on 1 September 2009.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 70/2008 , LaVM 16/2008, EV 5/2009

24.07.2009/583:

The entry into force of this Act shall be regulated by law.

THEY 30/2009 , MmVM 5/2009, EV 89/2009

23.8.2013/625:

This Act shall enter into force on 1 November 2013.

THEY 43/2013 , LaVM 10/2013, EV 76/2013

7.8.2015/1067:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014