Legal protection for subdivisions

Article L442-14 of the Urban Planning Code protects construction projects that are part of a subdivision from changes in urban planning rules for a set period. This protection applies if the subdivision was approved through a prior declaration (DP) and lasts for five years from the decision of non-opposition.

Conditions for applying the protection

The Council of State clarified that a subdivision occurs when at least one plot created by dividing land is intended for construction. Once this division is completed by transferring ownership or usage of part of the land within the five-year period, the beneficiary can use the protection when applying for a building permit.

Different rules for development permits

When a subdivision is subject to a development permit, the five-year protection period starts from the completion of the works, not the date of the permit. This distinction is important because it separates the date when urban planning rules are protected from the date when the five-year period begins.

Case of a disputed building permit

In 2023, the mayor of Rennes granted a building permit for three houses and a collective building on one of the lots from a subdivision authorized in 2015. However, the permit was later annulled because the subdivision’s works had not been fully completed by the time the permit was issued.

Legal review and clarification

The Council of State criticized the earlier ruling for a legal error, stating that the protection from urban planning changes applies from the issuance of the development permit and lasts for five years from the administration’s receipt of a completion declaration. However, this protection does not eliminate the need to meet other conditions for construction authorization.

Additional requirements for permits

Under the Urban Planning Code, a building permit can be issued after the completion of development works or after approval to sell or rent lots, provided that necessary infrastructure is in place. A certificate from the developer is required in such cases, and certain conditions must be met for permits to be issued based on a development permit.