The Law of 3rd August 2018 confirms the transfer to the cities of the competence of water distribution and wastewater treatment

By adopting the law n°2018-702 of 3 August 2018 on the implementation of the transfer of water and sanitation competences to the communities of communes, the legislator confirms the compulsory transfer of these competences to the intercommunalities.

However, the communes that have not already transferred their “water” and “sanitation” competences may oppose the transfer of these competences before 1 July 2019 in order to postpone the transfer to 1 January 2026. In order to benefit from this postponement, at least 25% of the community’s member municipalities representing at least 20% of the population must deliberate in this sense.

Furthermore, “if, after 1 January 2020, a community of communes does not exercise the competences relating to water and sanitation […], the deliberative body of the community of communes may also, at any time, decide by a vote on the exercise of one or more of these competences by the community as of right. The member communes may, however, oppose this deliberation within three months”, states Article 1 of this text.

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