The land occupation authorization (AOT) is granted, obtained as a result of the location request personally to the merchant. It is temporary and can be withdrawn.
The AOT it cannot be transferred to another merchant. Thus, during a change of business or goodwill transfer, the authorization is canceled (not part of the goodwill transferred) and a new application must be filed by the new owner or acquirer.
However, the merchant can present a successor to the mayor of the municipality, but the following conditions must be met:
- The potential successor must be registered with the RCS extension: titleContent
- The trader presenting a buyer must have carried out his activity in the hall or on the market for a certain period fixed by the municipal council (not exceeding 3 years).
The mayor can then accept that the AOT of the location in the hall or on the market is passed on to the buyer.
The transmissibility of the AOT it’s not automatic : the buyer must comply with the rules for allocating a market space, established in the tender specifications or in the municipal regulations.
Mayor’s decision must be notified to the seller and prospective buyer of the asset, within 2 months of receiving the request from the municipality.
If the mayor refuses to transfer the authorization to the proposed successor, he must explain the reasons which led him to take this decision.
In the event of the death, incapacity or retirement of the holder of the AOT, his assign: titleContent may request an identical AOT, allowing the exploitation of the fund to continue.
If the heirs do not continue to manage the fund, they can, within a period of 6 months after the death, present a successor, who can benefit from the rights and obligations of the former owner.
