What rules must the seller of land in subdivision follow?

Verified 25 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The land you're selling must be buildable, serviceable, demarcated.

One building land is capable of receiving and supporting a construction. Its basement must be able to withstand the weight and loads of the future construction.

One serviced land can be connected to roads and various networks (drinking water, electricity, telephone...).

The land must be delimited with precision by a bounding act.

The sale is valid when these 3 characteristics are met. If the acquired parcel proves to be unbuildable, unserviced or undemarcated, the buyer may bring an action before the court to request the cancelation of the sale. The lawyer is obligatory.

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When signing the promise to sell or the deed of sale, you must provide the buyer with a risk status and pollution diagnosis .

In areas exposed to ground movement phenomenon differential due to the drought and rehydration of the clay soils, you must perform a soil survey. It must be annexed to the promise of sale or, in the absence of a promise, to the deed of sale.

One air noise pollution condition must also be annexed for the sale of land situated in one of the noise zones defined by a noise exposure plan.

Air noise pollution condition

The marketing of the land varies for a lot resulting from a development permit or a prior declaration.

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Development permit subdivision

All advertising for the sale of land located in a subdivision must indicate whether or not the development permit has been issued.

Before the development permit is issuedHowever, you cannot sign a promise to sell or request a deposit to reserve land.

After the development permit has been issued, you can only sign a unilateral promise of sale. It shall indicate the consistency of the reserved lot, its demarcation, its price and its delivery time.

After completion of fit-up workYes, you can sell the land.

At your request, the development permit or an order issued by the competent authority to issue the permit may authorize you to sell the lots (land) before the work is carried out. In this case, you must provide a financial guarantee è completion and indicate the deadline for the work to be reècompleted.

Subdivision subject to prior declaration

All advertising for the sale of land located in a subdivision must specify whether or not the prior declaration has been the subject of an opposition.

Before obtaining the certificate of non-opposition to prior declaration from the mayor's office, you can sign a unilateral promise of sale or a sales compromise.

After the decision of non-opposition to prior declaration from the town hall, you can sell the land.

Who can help me?

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