What are the obligations of the seller of subdivision land?
Verified 20 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)
To market one or more lots in a subdivision, rules must be followed to protect the purchasers. Advertising and entering into promises and sales contracts are permitted under certain conditions, which may differ depending on the city planning authorization obtained: the planning permit or the prior declaration. We are taking stock of the regulations.
A subdivision is a division of one or more contiguous land units into parcels (lots) to be built.
The development permit (PA) is mandatory for subdivisions where common equipment is created and for subdivisions located in the following areas:
- Perimeter of a remarkable heritage site
- Historical monuments approaches
- Classified Site or pending filing.
Other subdivisions are subject to advance notification (PNR).
Subdivision subject to PA
The land you are selling as a subdivision 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, sanitation, electricity, telephone).
The land must be delimited by a bounding act.
The sale is valid when these 3 characteristics are met. If the parcel acquired proves to be unconstructible, unserviced or demarcated, the buyer may appeal to the judicial judge to request the cancelation of the sale. The use of a lawyer is mandatory.
Who shall I contact
In areas exposed to the phenomenon of differential ground movement due to drought and rehydration of clay soils, you must have a geotechnical study done at your own expense prerequisite.
This study provides the main geotechnical characteristics of the site as well as the general principles of construction to guard against the risk of ground movement.
It must be annexed to the promise of sale or, in the absence of a promise, to the deed of sale.
Yes, advertising for a future subdivision can be done, even though the development permit has not yet been obtained.
All land sale advertisement located in a subdivision must indicate whether or not the development permit has been issued.
If the permit is issued, the advertisement indicates the date of the decision and indicates that the file can be consulted at the city hall.
The infringements the methods of advertising may be ascertained by the town hall or by a judicial police officer. The minutes shall be sent to the public prosecutor.
The land sale announcement specifies how to access information about potential risks.
This concerns land sold in the following areas:
- Area covered by a technological risk prevention plan
- Area covered by a mine risk prevention plan
- Area covered by a foreseeable natural risk prevention plan
- Seismicity zones
- Areas with potential radon
- The area that can be affected by the retreat of the coastline
- Areas subject to brush clearing obligations and maintenance in the brushed state.
You need to hand over a risk statement to the purchaser at 1era field visit:
Prior to delivery you cannot sign a promise to sell or ask for a deposit to reserve land.
After delivery development permit, only one unilateral promise of sale can be signed. It shall indicate the consistency of the reserved lot, its demarcation, its price and its delivery time.
After completion of fit-up workHowever, the land can be sold.
The development permit or an order issued by the City Hall may authorize the sale of the lots (land) before finishing the work. You have to ask the city hall.
In this case, a financial guarantee of completion from a bank, financial institution or mutual guarantee business must be provided and the deadline for completion of the work must be indicated.
The finishing work is as follows:
- Construction of the final track lining
- Installation of sidewalks and curbs
- Installation of equipment dependent on sidewalks
- Establishment of plantations.
Warning
The sale or lease of land in a subdivision without a development permit or without complying with the requirements of the permit shall be punishable by a fine of €15,000.
Subdivision subject to RFP
The land you are selling as a subdivision 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, sanitation, electricity, telephone).
The land must be delimited by a bounding act.
The sale is valid when these 3 characteristics are met. If the parcel acquired proves to be unconstructible, unserviced or demarcated, the buyer may appeal to the judicial judge to request the cancelation of the sale. The use of a lawyer is mandatory.
Who shall I contact
In areas exposed to the phenomenon of differential ground movement due to drought and rehydration of clay soils, you must have a geotechnical study done at your own expense prerequisite.
This study provides the main geotechnical characteristics of the site as well as the general principles of construction to guard against the risk of ground movement.
It must be annexed to the promise of sale or, in the absence of a promise, to the deed of sale.
Advertising for a future subdivision can be done, even though the city council has not yet made a decision.
All land sale advertisement located in a subdivision must specify whether or not the prior declaration has been the subject of an opposition by the municipality.
If the non-opposition decision is issued, the advertisement indicates the date of the decision and indicates that the file can be consulted at the city hall.
The infringements the methods of advertising may be ascertained by the town hall or by a judicial police officer. The minutes shall be sent to the public prosecutor.
The land sale announcement specifies how to access information about potential risks.
This concerns land sold in the following areas:
- Area covered by a technological risk prevention plan
- Area covered by a mine risk prevention plan
- Area covered by a foreseeable natural risk prevention plan
- Seismicity zones
- Areas with potential radon
- The area that can be affected by the retreat of the coastline
- Areas subject to brush clearing obligations and maintenance in the brushed state.
You need to hand over a risk statement to the purchaser at 1era field visit:
Before the certificate is obtained of non-opposition to prior declaration by the mayor, unilateral promise of sale or a sales compromise can be signed that commits the seller and the buyer.
After the non-opposition decision subject to prior notification by the mayor, the land may be sold.
Warning
The sale or rental of land in a subdivision, without having obtained the decision not to oppose the prior declaration of the City Council or without complying with the requirements imposed by the authorization, is punishable by a fine of €15,000.
Who can help me?
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Telephone administrative information - Hello Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Air noise pollution condition
Definition of a plot of land in a subdivision
Risk Status
Risks related to clay soils and contract of sale or works
Content and validity of geotechnical studies
Invalidity of a contract
FAQ
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