Can I divide my land?

I sell a piece of garden… how do I do it? An increasing number of homeowners decide to sell part of their property as a buildable plot, in order to make a profit.

Selling a part of its garden can be a very financially advantageous operation, as the selling prices of building land being higher and higher, especially in urban areas.

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But how to proceed with this division of land? What are the steps to be taken for the division of the field?

To answer these questions, there are three aspects to consider: the physical division of the land (1), to ensure its access, its cadastral division (2) through the intervention of a surveyor, and the administrative division of the land granted by an urban planning authorization (3).

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1 — Field Division, Physical Division: Ensure Access

The first what to do in the context of detachment of land is to define its access. How will access to the future home be ensured? Where will the networks of this future house go? Where do the networks of the property remaining belong to the owner?

If access to the land is to be made via a road located on the remaining part owned by the owner, or vice versa, the terms and conditions must be defined in an act containing the establishment of an easement. The same applies if the networks of the future construction will be located on the remaining plot owned by the owner, or if it is crossed by networks and pipelines serving the retained property.

These servitudes will most often be constituted in the deed of sale of said land, which will be received by a notary. The manner in which these easements are exercised will then be determined precisely.

All these questions are essential to define precisely the modalities of the division operation and present the project with clarity to your future neighbors!

2 — Field division, cadastral division: the intervention of the surveyor

Dividing a land involves the intervention of an expert surveyor whose mission will first be to draw up plans to materialize the proposed division (you will need to file the application for planning authorization detailed below) including the location of the access road, future networks and existing networks.

In addition, the surveyor will draw up a survey document, intended for publication in the cadastre service, in order to confer new cadastral numbers both to the detached parcel and to the remaining parcel belonging to the owner.

Finally, the surveyor will carry out the boundary setting definitively the boundaries and the actual area of the lot at detach.

3 — Division of land, administrative division: planning authorisation

Finally, the division of land must be necessarily preceded by obtaining a planning permit: a decree of no objection to the prior declaration of division or a development permit.

The latter is necessary for divisions creating multiple building lots when planning to build roads or common areas or when they are located in a classified site or in a saved area. The prior declaration applies in other cases.

This application for authorization must be submitted to the Town Hall, accompanied by a file containing in particular the plans drawn up by the surveyor.

Once the Municipality’s instruction period has elapsed (one month in the context of the prior declaration and three months in the context of the development permit), if division is granted by the Town Hall, it must be posted on the ground, and this for a period of at least two months, in order to purge the time limit for recourse of third parties (neighbors for example). In order to ensure that there is no challenge to this posting, the best is to have it seen by a bailiff.

Patricia ARBET, notary

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