- Why does a land become non-constructible?
- Special case: limited buildability
- Land become unbuildable: what solutions?
After acquiring a piece of land, you discover that it has become non-constructible, especially because of urban planning rules that are constantly evolving. Your project is then postponed... Faced with this situation, there are some possible remedies.
My land has become unbuildable, what to do?
Why does a land become non-constructible?
Land has become non-constructible when it no longer meets the various criteria that define a building land. These criteria are 3 in number and must all be valid.
1- First, there is the viabilisation of the land which implies an opportunity to connect the plot to the various networks (collective sanitation, connection to the sewerage, wastewater treatment, electricity, gas...).
2- Then, the ground must be able to support and support a building without risk (landslide, flood zone...).
3- Finally, there is the legal authorization to build which is defined, in practice, by a planning certificate.
The slightest flaw in any of these criteria calls into question constructability. There are two main reasons for this situation: a modification of the PLU or Local Urban Plan or the POS or Land Use Plan. This modification may be made for the sake of health or safety or because of a change of status of a region (now protected or natural area for example).
Special case: limited buildability
In some cases, it is a question of "limited constructibility" (notion defined by Article L. 111-1-2 of the urban planning code) which concerns the communes deprived of municipal card or PLU. In this case, the construction is possible only at the level of urbanized areas.
Nevertheless, there may be exceptions allowed by the town hall after deliberation.
Land become unbuildable: what solutions?
Before any acquisition, it is necessary to learn about the specificities of a field and the possible technical constraints. A study carried out by a geotechnical design office makes it possible to determine the nature of the soil in order to ensure the durability of the construction over time.
Then, it is strongly recommended to start the construction of a house as soon as possible after the acquisition of the land. In fact, urban planning certificates change often and sometimes it only takes a few months for regulations to change.
If it is too late and the land has been declared non-buildable due to a change of POS or PLU, it is still possible to contest. This is done during the public inquiry, at the town hall. If you are confronted with a project of general interest, you must contact the administrative judge. In the event that you have discovered a defect in connection with the purchase of the land (for example a notary who has not sufficiently informed you or who has voluntarily omitted important information), it is the judicial judge who will receive the recourse.