Why make a plot division?
Create one or more building land
A plot division is an operation that aims to Divide a unique plot in several independent portions of land. It is carried out thanks to the intermediary of a surveyor-expert, a specialist in this area. This type of operation comes at the request of the owner of the property in the following cases:
- Too large terrain, part of which is unused
- Too large terrain whose maintenance cost is too high
- Will to build several independent houses on a single plot
- Land sales project
Create new plots
Since the entry into force of the Alur law in 2014regulations around parcel division has become more flexible. Indeed, it is no longer necessary to respect a minimum surface To detach a lot when creating a new subdivision. This new regulation promotes densification of urban areaswhile limiting Urban sprawl.
How do you know if a land is divisible?
Consult the Local Urban Planning Plan (PLU) or the land use plan (POS) in town hall
To determine whether the plot division is authorized, it is first necessary to get closer to the town planning services of the town hall of the location of the property. A specific document is authoritative: the Local urban plan (PLU) Or, failing that, the land use plan (POS). By carefully examining the recommendations and prohibitions adopted there, you will know if the plot division is possible.
Request for an information town planning certificate
To find out the details inherent in your plot, you can directly request an information town planning certificate from your municipality.
Please note, there may be other stronger restrictions than those usually recommended by PLU or POs as soon as your land is located on:
- A protected area (natural)
- A site near a historic monument
When to apply for an operational town planning certificate?
Depending on the topography of the terrain
Beware of the question of the topography of the field. Depending on its situation (slope, angle, distance with other dwellings and streets), the division can be made more or less difficult. The plot division can also be more complicated when the terrain is burdened with another right such as a passage of passage, etc.
Upstream of the plot division procedures
To have all this information gathered, the best is to apply for an operational town planning certificate from the town hall. Please note, this document does not constitute an authorization to divide the plot: it is a information document which brings together all the information and town planning information concerning your land.
What is the difference with the previous information town planning certificate? It is a further version which directly targets the question of a construction project.
Fill out the CERFA form n ° 13410*11
How to get it? A specific form must be completed: the Cerfa 13410*11 and deposit it with the competent authority.
With all of these documents, you can request the realization of a feasibility study to an expert in the real estate field. This will certify the possibility of carrying out your project.
How does the demarcation of the land take place?
A terminal made by a surveyor
Land terminal is an operation whose aim is to set the limits of the plot in a contradictory manner, therefore in the presence of neighboring owners. To carry out the operation, the surveyor uses terminals in order to materialize the physical limits of the terrain. At the end of the operation, a terminal report is established. In the absence of amicable terminal, a judicial termination can be ordered before the court.
Establishment of the Boundary Plan
The established demarcation plan includes Clear boundaries of the land With its area, but also its description. This indicates the constructions which appear there without counting the possible easements and other rights which group the fund.
How to divide land?
Once the documents have been collected, the second step must be started: that of the field division procedures. These differ depending on whether or not an immediate construction project.
Make a prior declaration of work for the division in several lots without an immediate construction project
If your project is not intended to build immediately, you must file a prior declaration of installations and arrangements not subject to a development license. To do this, you need:
- Complete the form Cerfa n ° 13702*12
- Join the terminal plane, a plan located the land
- Provide another informative document which allows you to know the state of electricity and water networks which serve (or not) the land.
When a land is not connected to these essential services, it is said that it is necessary to proceed to its servicing. Obviously, this has a cost and therefore an impact on the sale price of the land.
Obtain a building permit for the division of land in several lots with a construction project
If your project plans an immediate construction, you will need to submit a building permit application (Cerfa n ° 13409*14).
This one is then of a particular nature: it is entitled Building permit worth division. What is the difference with the classic building permit? It is accompanied by a plan called “Division”. However, to be valid, the land division operation is rigorously framed and three conditions are expected:
- There is only one plot or land unit before construction operations
- There will be at least two distinct constructions after the work
- The building land will be divided after the end of the work, with or without common areas between the prizes created.
How much does a plot division cost?
Land terminal price
All of the operations must be added to reach the overall cost. A field of land usually costs between 500 and 2,500 eurosdepending on the location and the prices applied by the surveyor. Please note, some surveyors offer pricing on time while others work in the package.
Fees relating to technical soil studies
You may also have to pay costs relating to various technical studies (feasibility of construction, studies of the servicing of the land, etc.). Here again, the prices depend both on the expert and the place and the configuration of the land. They can be estimated between 200 and 2,000 euros.
Cost of servicing the land
The servicing of the land can cost between 5,000 and 15,000 euros.
Taxes and notary fees
You must then pay taxes linked to the division operation which again depend on the surrounding local factors (municipal tax / national tax). There will also be notary fees due as a result of the sale of one or more plots from the cutting. They are estimated between 6 and 10% of the wind amounte. But they are the responsibility of the buyer of the land, not the seller.
How does the sale of the lots take place after the plot division?
The sale of lots takes place like any other real estate sale: you can get closer to a local real estate agency or deposit an advertisement on a specialized site. Potential buyers will present themselves, visit the property and offer a price related to the one you have set yourself. If an agreement comes, the sale must be formalized before a notary in the form of an authentic act.
How to achieve added value on the plot division?
The realization of a capital gain on the plot division depends on several factors. First of all, the new lot created as a result of the division must be made attractive, whether it is sold naked or with a construction. So be sure to optimize the land or the constructions carried out there in order to be able to sell the whole at the best price.
Then there is the question of taxation: it is specific to the specific conditions of your field and your projects (holdingreinvestment of funds as a result of the sale). Get closer to your notary or a fiscalist to optimize the operation.
To know : If you sell land possessed for over thirty years, you will be exempt from the capital gain.
How to challenge a plot division?
The neighbors of the land owner can contest the plot division. They have two months to do it From the first day of display of the prior declaration on the ground. In order for the procedure to result, they must prove to the judge that the construction or the authorized development has direct consequences on the conditions of occupation, use or enjoyment of the occupied or detained property. The dispute must be accompanied by documents proving the wrong caused (plan, certificate, permit …).
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