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URBAN PLANNING CODE
LexInter | November 22, 2008 | 0 Comments

SUBDIVISION (DECRET)

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section I: Scope

Article R442-1

(Decree n ° 77-759 of July 7, 1977 Official Journal of July 10, 1977, date of entry into force January 1, 1978)
(Decree nº 80-694 of September 4, 1980 art. 2 Official Journal of September 7, 1980)
 

(Decree n ° 84-226 of March 29, 1984 art. 18 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
(Decree nº 86-514 of March 14, 1986 art. V II Official Journal of March 16, 1986)
(Decree nº 88-199 of February 29, 1988 art. 1 Official Journal of March 2, 1988)
(Decree n ° 2001-260 of March 27, 2001 art. 3 Official Journal of March 28, 2001)
(Decree n ° 2002-89 of January 16, 2002 art. 53 VII Official Journal of January 19, 2002 in force on February 1, 2002)
(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)
(Decree nº 2007-817 of May 11, 2007 art. 3 Official Journal of May 12, 2007)

The following do not constitute subdivisions within the meaning of this title:
a) Divisions carried out as part of a consolidation operation carried out by an urban land association authorized or constituted ex officio governed by Chapter II of Title II of Book III;
b) The divisions carried out by the developer within a concerted development zone;
c) The divisions of land carried out in accordance with a building permit provided for in article R. 431-24;
d) Divisions by sales or rentals carried out by an owner for the benefit of persons whom he has authorized to carry out a real estate transaction on part of his property and who have themselves already obtained a development permit or a building permit relating to the creation of a group of buildings or a building other than a single-family dwelling;
e) Divisions resulting from the sale, rental or subsequent allocation of lots resulting from the operations listed in a, on condition that each lot sold has been delimited by the approved land consolidation plan.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section I: Scope

Article R442-2

(Decree n ° 77-759 of July 7, 1977 Official Journal of July 10, 1977, date of entry into force January 1, 1978)
 

(Decree nº 80-694 of September 4, 1980 art. 3 Official Journal of September 7, 1980)
(Decree n ° 84-226 of March 29, 1984 art. 19 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
(Decree nº 86-514 of March 14, 1986 art. 5 III Official Journal of March 16, 1986)
(Decree n ° 2004-310 of March 29, 2004 art. 5 Official Journal of March 30, 2004)
(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)
   For the application of a of article R. 421-19, the following are not taken into account for the assessment of the number of plots resulting from the division of a land property:
a) Plots supporting buildings which are not not intended to be demolished;
b) Parts of land detached from a property and attached to a contiguous property;
c) The land detached from a property by the effect of an expropriation, of an amicable transfer granted after declaration of public utility and, when it is recorded by order of the expropriation judge, of an amicable transfer prior to a declaration of public utility;
d) Reserved land acquired by public authorities under the conditions provided for in Articles L. 230-1 to L. 231-6;
e) Free transfers and contributions of land resulting from the application of e of 2 ° of article L. 332-6-1 and article L. 332-10;
f) Land from the divisions mentioned in article R. 442-1.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section II: Content of the request

Article R442-3

(Decree n ° 77-759 of July 7, 1977 Official Journal of July 10, 1977, date of entry into force January 1, 1978)
(Decree n ° 84-226 of March 29, 1984 art. 20 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
(Decree nº 86-514 of March 14, 1986 art. V II Official Journal of March 16, 1986)
(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)
The request specifies, in addition to the information mentioned in article R. 441-1, the maximum number of lots and the maximum net floor area excepted for construction in the entire subdivision.
When the subdivision is not located within a local urban plan or a town planning document taking its place, the request also specifies the maximum gross floor area whose construction is envisaged in the entire subdivision.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section II: Content of the request

Article R442-4

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
(Decree n ° 84-226 of March 29, 1984 art. 21 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
(Decree nº 86-514 of March 14, 1986 art. V II Official Journal of March 16, 1986)
(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)
   The plan provided for in 2 ° of article R. 441-4 shows the planned distribution between the land reserved for equipment or collective uses and the land intended for private use.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

SECTION II: Presentation, filing and transmission of the request

Article R442-4-1

(Decree n ° 84-226 of March 29, 1984 art. 21 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
(Decree nº 86-514 of March 14, 1986 art. 5 II Official Journal of March 16, 1986)
(Decree n ° 2004-310 of March 29, 2004 art. 6 Official Journal of March 30, 2004)
(Repealed by Decree nº 2007-18 of January 5, 2007 art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)
The request for authorization to carry out various installations and works and the accompanying file are drawn up in quadruplicate.
The request specifies the identity and address of the applicant and, where applicable, those of the owner, the location of the land and its area, the nature and dimensions of the installation as well as its intended use.
The file attached to the request is made up of:
a) A site plan, as well as a summary site plan including the location of the proposed installation and the indication of buildings of any kind existing on the site;
b) A dimensional sketch and a dimensional plan of the
When the planned installations or works require the cutting or felling of trees in woods, forests or parks subject to the provisions of article L. 130-1 of this code or of articles L. 311-1 or L. 312 -1 of the forest code, the authorization for cutting or felling and, where applicable, the authorization for clearing are attached to the request.
When the planned installations or works are open to the public, the request includes a specific notice on the measures to be put in place in order to allow accessibility to all.
When the operation consists of building a parking area mentioned in b of article R. 146-2, the file also includes a notice setting out the current state of car use and parking, the reasons for which the parking area cannot be located in another location, as well as the measures planned to limit car use on the site, ensure the landscaped integration of the area and the protection of the environment.

Article R442-4-2

(Decree nº 86-514 of March 14, 1986 art. 5 II, III Official Journal of March 16, 1986)
(Decree nº 88-199 of February 29, 1988 art. 1 Official Journal of March 2, 1988)
(Decree n ° 2004-490 of June 3, 2004 art. 111 I Official Journal of June 5, 2004 in force on August 1, 2004)
(Repealed by Decree nº 2007-18 of January 5, 2007 art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

All copies of the request and the authorization file for installations and miscellaneous works are sent, by registered letter with request for acknowledgment of receipt by post, to the mayor of the town in which the closure is envisaged, or deposited against discharge to the town hall.
The mayor assigns a registration number on request under the conditions provided for by order of the minister responsible for town planning.
The copies of the request and the authorization file for installations and various works are the subject of the transmissions provided for in Article L. 421-2-3. However, in the case provided for in the 1st of said article, only the application form is sent to the prefect except when the works are located within a delimited area under the conditions provided for in article 5 of decree no. 2004-490 of June 3, 2004 relating to the administrative and financial procedures in the field of preventive archeology and relating, where applicable, to ground rights-of-way exceeding the threshold set in the decree defining the area.

Article R442-4-3

(Decree nº 86-984 of August 19, 1986 art. 7 xl Official Journal of August 27, 1986)
(Repealed by Decree nº 2007-18 of January 5, 2007 art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

In the fifteen days which follow the filing of the request and during the period of investigation of this one, the mayor proceeds to the posting in town hall of a notice of lodging of the request including the following information: name of the applicant, number and date of registration of the application, address and area of ​​the land and number of proposed locations.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section II: Content of the request

Article R442-5

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
(Decree n ° 84-226 of March 29, 1984 art. 22 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
(Decree nº 86-514 of March 14, 1986 art. 5 III Official Journal of March 16, 1986)
(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

An architectural, landscaping and environmental project is attached to the request. It takes the place of the development project mentioned in b of article R. 441-2.
It comprises, in addition to the documents mentioned in Articles R. 441-2 to R. 441-8:
a) Two views and sections showing the situation of the project in the profile of the natural terrain;
b) Two photographic documents making it possible to situate the land respectively in the close environment and, unless the applicant justifies that no far photograph is possible, in the distant landscape. The points and angles of the shots are reported on the site plan and the ground plan;
c) The program and plans for the equipment works indicating the characteristics of the works to be carried out, the layout of the tracks, the location of the networks and the methods of connection to the buildings to be erected by the purchasers of the lots as well as the arrangements made for waste collection;
d) A graphic document showing one or more building layout hypotheses.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section II: Content of the request

Article R442-6

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
(Decree n ° 84-226 of March 29, 1984 art. Art. 22 Official Journal of March 31, 1984 date of entry into force APRIL 1, 1984)
(Decree nº 86-192 of February 5, 1986 art. 3 Official Journal of February 11, 1986)
(Decree nº 87-885 of October 30, 1987 art. 11 III Official Journal of October 31, 1987)
(Decree n ° 2001-260 of March 27, 2001 art. 3 Official Journal of March 28, 2001)
(Decree n ° 2004-310 of March 29, 2004 art. 7 Official Journal of March 30, 2004)
(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)
The application file is, if necessary, supplemented by the following documents:
a) A draft by-law, if it is planned to make additions to the town planning rules in force;
b) Where applicable, a certificate of the guarantee to be provided in application of article R. 442-14.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section II: Content of the request

Article R442-7

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
(Decree n ° 84-226 of March 29, 1984 art. 25 Official Journal of March 31, 1984 date of entry into force APRIL 1, 1984)
(inserted by Decree nº 2007-18 of January 5, 2007 art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

The application file is, subject to what is said in article R. 442-8, supplemented by the commitment of the developer that a union association of the buyers of lots will be formed to which will devolve the property, the management and maintenance of common grounds and equipment.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

SECTION V: Formalities subsequent to the issuance of the authorization

Article R442-8

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
 

(Decree n ° 84-226 of March 29, 1984 art. 24 II Official Journal of March 31, 1984 date of entry into force APRIL 1, 1984)
(Decree nº 88-471 of April 28, 1988 art. 3 Official Journal of April 30, 1988)
(Decree nº 93-726 of March 29, 1993 art. 2 Official Journal of March 30, 1993 in force on March 1, 1994)
(Decree nº 94-701 of August 16, 1994 art. 2 Official Journal of August 18, 1994)
Mention of the authorization of installations and various works must be displayed on the ground, in a visible manner from the outside, by the care of its beneficiary, from the notification of the decision of granting for at least two months and during any the duration of the work if this is greater than two months.
The same applies, when no decision has been taken with regard to the request within the time limit set, a copy of the letter of notification of the time limit for investigation provided for in article R. 442-4. -4 or a copy of the postal receipt notice or the discharge of the letter of formal notice provided for in article R. 442-4-6 and a copy of the
In addition, within eight days of the express or tacit issue of the authorization for installations and various works, an extract of the authorization or a copy of the letter referred to in the preceding paragraph is published by posting. at the town hall for two months. The execution of this formality is recorded in the chronological register of acts of publication and notification of the mayor’s decrees provided for in article R. 122-11 of the Municipalities Code.
Failure to comply with the display formality in the field is punishable by the fine provided for fifth class contraventions.
A decree of the Minister in charge of town planning regulates the content and forms of the posting and fixes the list of the documents of the file which any interested party can take cognizance of.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section II: Content of the request

Article R442-8

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
 

(Decree n ° 84-226 of March 29, 1984 art. 24 II Official Journal of March 31, 1984 date of entry into force APRIL 1, 1984)
 

(Decree nº 88-471 of April 28, 1988 art. 3 Official Journal of April 30, 1988)
 

(Decree nº 93-726 of March 29, 1993 art. 2 Official Journal of March 30, 1993 in force on March 1, 1994)
 

(Decree nº 94-701 of August 16, 1994 art. 2 Official Journal of August 18, 1994)
 

(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

The provisions of article R. 442-7 are not applicable: when the roads and common spaces are intended to be allotted in ownership to the purchasers of lots or when the developer justifies the conclusion with the municipality or the public establishment of competent inter-municipal cooperation agreement providing for the transfer to their area of ​​all roads and common areas once the work has been completed.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section III: Distribution of the building area between the different lots

 

Article R442-9

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
 

(Decree n ° 84-226 of March 29, 1984 art. 26, art. 27 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
 

(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

When a land use coefficient is applicable, the maximum authorized net floor area outside the work may not be greater than that resulting from the application of this coefficient to all of the land covered by the request for authorization to subdivide. It can be distributed freely between the different lots, without taking into account the application of the land use coefficient to the area of ​​each lot.

 

Article R442-10

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
 

(Decree n ° 84-228 of March 29, 1984 art. 28 Official Journal of March 31, 1984 date of entry into force APRIL 1, 1984)
 

(inserted by Decree nº 2007-18 of January 5, 2007 art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

The maximum authorized net floor area can be divided between the different lots either by the planning permission, or by the developer on the occasion of the sale or rental of the lots.

URBAN PLANNING CODE
(Regulatory Part – Decrees of the Council of State)

Section III: Distribution of the building area between the different lots

 

Article R442-11

(Decree nº 77-759 of July 7, 1977 Official Journal of July 10, 1977 date of entry into force JANUARY 1, 1978)
 

(Decree n ° 84-226 of March 29, 1984 art. 29 Official Journal of March 31, 1984 date of entry into force April 1, 1984)
 

(Decree nº 2007-18 of January 5, 2007 art. 8, art. 9 Official Journal of January 6, 2007 in force on October 1, 2007)

When the allocation of the maximum net floor area is made by the developer, the latter provides the alloters of lots with a certificate indicating the net floor area constructible on the lot.
This certificate is attached to the building permit application.
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