Division of Land

Division of Land

Since the reform of planning permissions entry into force on 1 October 2007, the first division of a Land is a subdivision subject to prior declaration.

The question of the application of the local development plans (PLU) is therefore bound to arise more and more frequently. Nevertheless, it is always possible to divide land, even NB area of ​​a land use plan (POS).

The provisions of the settlement of a POS or PLU prohibiting subdivisions are illegal. Case law considers that the planning documents can not relate only to the substantive rules and not procedures (Council of State, 19 October 2001, common Talange, No. 207677; State Council, March 21 1986 the condominium building Périades, No. 61817).

It is therefore not possible to ban a subdivision which is a division process. Furthermore, the prohibition of a subdivision leads to require the use of other procedures (ZAC, permits grouped ...) to conduct land divisions.

We are therefore in the presence of an illegal provision of the regulation that the competent authority must refrain from applying (State Council opinion of 9 May 2005, M. Marangio, No. 277280), waiting for an amendment of the planning document.

However, the right to divide land located in NB area does not automatically lead the right to build, POS regulations may prescribe requirements relating, for example, the area of ​​land and thus make constructible land after division. Urban form can be regulated by the Regulation and possible development directions.

Finally, the rules applicable since 1 October 2007, which distinguish subdivisions subject to a permit to build and those subject to a prior declaration, especially as the number of lots, were not challenged by the inability POS and PLU prohibit developments such as land procedure, their urban form can still be regulated.

Moreover, the fight against urban sprawl through one of the areas NB resorption policy. The reclassification of these zones in the new PLU area categories must take account of their extreme diversity.

These areas may be more or less urbanized or more or less equipped and thus be reclassified either U region (since public facilities have sufficient capacity to serve constructs to be implanted) or AU area (which may be urbanisable either on the occasion of a comprehensive development operation or as and the achievement of equipment) or N zone (in limited capacity of sectors). Any changes in the current application of POS and PLU regulations must be justified and discussed in terms of development objectives in development projects and sustainable development (PADD), as part of the evolution of these regulations local planning, and for a necessary evolution of urban planning documents to remove any term NB area.
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