CHAPTER 2 PROVISIONS APPLICABLE TO SUBDIVISIONS
LexInter | April 3, 2009 | 0 Comments

CHAPTER 2 PROVISIONS APPLICABLE TO SUBDIVISIONS

URBAN PLANNING CODE
(Legislative Part)

Section 1: Definition

Article L442-1

(Law n ° 83-8 of January 7, 1983 art. 68 V Official Journal of January 9, 1983)
(Law n ° 83-663 of July 22, 1983 art. 105 Official Journal of July 23, 1983)
(Law nº 2000-1208 of December 13, 2000 art. 202 XXXVII Official Journal of December 14, 2000)
(Law n ° 2003-590 of July 2, 2003 art. 59 II Official Journal of July 3, 2003)
(Ordinance n ° 2005-1527 of December 8, 2005 art. 15 Official Journal of December 9, 2005 in force on October 1, 2007)

The development operation which has as its object or which, over a period of less than ten years, has had the effect of the division, whether it is in property or enjoyment, whether it results from transfers as a subdivision constitutes a subdivision. free or expensive, shared or rented, of one or more land properties for the siting of buildings.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007,
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

URBAN PLANNING CODE
(Legislative Part)

Section 1: Definition

Article L442-2

(Law nº 93-24 of January 8, 1993 art. 3 III Official Journal of January 9, 1993)
 

(Law nº 2000-1208 of December 13, 2000 art. 202 III Official Journal of December 14, 2000)
 

(Law n ° 2003-590 of July 2, 2003 art. 59 I Official Journal of July 3, 2003)
 

(Ordinance n ° 2005-1527 of December 8, 2005 art. 15 Official Journal of December 9, 2005 in force on October 1, 2007)

A Council of State decree specifies, depending on the number of land resulting from the division, the creation of roads and common equipment and the location of the operation, the cases in which the construction of a subdivision must be preceded by a planning permission.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

Article L442-3

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

Allotments that are not subject to the issuance of a planning permission must be declared in advance.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-4

(Ordinance n ° 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
 

(Law n ° 2007-290 of March 5, 2007 art. 37 Official Journal of March 6, 2007)

No promise of sale or rental of land located in a subdivision can be made and no deposit can be accepted before the issuance of the development permit.

Article L442-5

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

Any publicity, in any form whatsoever, relating to the sale or rental of land located in a subdivision must explicitly mention whether or not the permit has been issued or whether or not the prior declaration has been the subject of ‘an opposition.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

Article L442-6

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

Any publicity subsequent to the intervention of the planning permission or of the decision not to oppose the prior declaration must indicate the date of the decision and mention that the file can be consulted at the town hall.
It must not include any indication which does not comply with the requirements with which the decision has, if applicable, been attached or which would be liable to mislead the purchaser as to the charges and conditions to which the developer intends to subject the sale or the rental of lots.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-7

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

The development permit and, if applicable, the specifications setting the conditions of sale or rental of the lots are given to the purchaser when signing the promise or the deed of sale as well as ” to the lessee when signing the rental commitments. They must have been communicated to them beforehand.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

Article L442-8

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

From the issuance of the development permit or the decision not to oppose the prior declaration, the developer may grant a unilateral promise of sale indicating the consistency of the reserved lot, its delimitation, its price and its delivery time. The promise does not become final until the end of a period of seven days during which the purchaser has the right to withdraw.
If the purchaser exercises his right of withdrawal, under the conditions of Article L. 271-1 of the Construction and Housing Code, the depositary of the funds paid shall return them to him within twenty-one days. from the day after the date of this withdrawal.
The promisor may, in return for the immobilization of the lot, obtain from the beneficiary of the promise, who retains the freedom not to acquire, the payment of an immobilization compensation, the amount of which cannot exceed a percentage of the price of sale fixed by decree in Council of State. Deposited funds are held in a blocked account. They are unavailable, non-transferable and unseizable until the conclusion of the sales contract.
They are returned to the depositor within three months, unless the sales contract is not concluded by him while all the conditions of the promise have been fulfilled.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-8

(Ordinance n ° 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)
 

(Law n ° 2006-872 of July 13, 2006 art. 6 II Official Journal of July 16, 2006 in force on October 1, 2007)

From the issuance of the development permit, the developer may agree to a unilateral promise of sale indicating the consistency of the reserved lot, its delimitation, its price and its delivery time. The promise does not become final until the end of a period of seven days during which the purchaser has the right to withdraw.
If the purchaser exercises his right of withdrawal, under the conditions of Article L. 271-1 of the Construction and Housing Code, the depositary of the funds paid shall return them to him within twenty-one days. from the day after the date of this withdrawal.
The promisor may, in return for the immobilization of the lot, obtain from the beneficiary of the promise, who retains the freedom not to acquire, the payment of an immobilization compensation, the amount of which cannot exceed a percentage of the price of sale fixed by decree in Council of State. Deposited funds are held in a blocked account. They are unavailable, non-transferable and unseizable until the conclusion of the sales contract.
They are returned to the depositor within three months, unless the sales contract is not concluded by him while all the conditions of the promise have been fulfilled.

NOTE: The date of entry into force of article 6 II of law n ° 2006-872 is conditioned by the date of entry into force of ordinance n ° 2005-1527.
NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-9

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

The town planning rules contained in the approved documents of a subdivision become null and void at the end of ten years from the issuance of the authorization to subdivide if, on that date, the subdivision is covered by a local town planning plan or an urban planning document in lieu.
However, when a majority of colotis, calculated as stated in Article L. 442-10, has requested that these rules be maintained, they cease to apply until an express decision by the competent authority has been taken. after public inquiry.
The provisions of this article do not call into question the rights and obligations governing the relations between colotis defined in the specifications of the subdivision, nor the mode of management of the common areas.
The provisions of this article do not apply to land subdivided for the creation of gardens mentioned in article L. 111-5-4.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-10

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

When two thirds of the owners owning together at least three quarters of the area of ​​a subdivision or three quarters of the owners holding at least two thirds of this area request or accept it, the competent authority may pronounce the modification all or part of the documents, in particular the regulations and specifications relating to this subdivision, if this modification is compatible with the applicable planning regulations.
Until the expiration of a period of five years from the completion of the subdivision, the modification mentioned in the previous paragraph can only be pronounced in the absence of opposition from the subdivision if the latter has at least one building lot.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

Article L442-11

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

When the approval of a local urban plan or of a town planning document in lieu thereof occurs after the permit to develop a subdivision or the decision not to oppose a prior declaration, the competent authority may , after public inquiry and deliberation of the municipal council, modify all or part of the documents of the subdivision, and in particular the regulations and the specifications, to bring them into line with the local urban plan or the town planning document in lieu of .

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates fixed by decree in Council of
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-12

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

A decree sets the conditions under which the modifications to the divisions of properties and the subdivisions of lots originating themselves from a subdivision are assimilated to the modifications of the rules of a subdivision provided for in articles L. 442-10 and L. 442-11 for the application of these articles.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree n ° 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law n ° 2007-209 of February 19, 2007 postpones the deadline for the entry into force of the ordinance to October 1, 2007.

Article L442-13

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

The declaration of public utility of an operation which is not compatible with the regulatory provisions governing an approved subdivision can only take place if the public inquiry relating to this operation has concerned both the public utility and on the modification of the documents governing the subdivision. The declaration of public utility then entails modification of these documents.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

Article L442-14

(inserted by Ordinance No. 2005-1527 of December 8, 2005 art. 15 II Official Journal of December 9, 2005 in force on October 1, 2007)

In the five years following the completion of a subdivision, noted under the conditions provided by decree in the Council of State, the building permit may not be refused or accompanied by special prescriptions on the basis of planning provisions made after authorization of the subdivision. However, the provisions resulting from the modifications of the documents of the subdivision in application of articles L. 442-10, L. 442-11 and L. 442-13 are enforceable.

NOTE: Article 41 of Ordinance No. 2005-1527 states: “This ordinance will come into force on dates set by decree of the Council of State and no later than July 1, 2007.”
Decree nº 2007-18 of January 5, 2007, in its article 26 sets this date to July 1, 2007, subject to the reservations set out in this same article 26.
Lastly, article 72 of law nº 2007-209 of 19 February 2007 postpones the deadline for entry into force of the ordinance to October 1, 2007.

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