- Verify the feasibility of your land division project
- The role of the surveyor in the division of a field
- Authorizations needed to sell part of your land
- The sale of part of your land and taxation
Your terrain too big requires too much maintenance? Are you struggling to sell your property too big? Do not hesitate to sell some of them. But be careful, think carefully study the feasibility of this project before embarking on the adventure! And do not forget that you have to follow the procedures for this division to be legally valid.
Sell part of your land: steps and feasibility
Verify the feasibility of your land division project
The first criterion of land division is to possess a sufficiently large ground. Although the concept of "large enough ground" varies depending on whether your property is located in urban or rural areas. And even in the latter case, a small plot in the heart of a village can implement a pretty village house with a garden while the same area in the countryside seems too small.
Be careful, however, because some agglomerations impose a minimum surface to establish a house.
You will also need to consider the configuration of your land. It is easier to divide a flat terrain than a terrain with a steep gradient. And do not forget that new land must be accessible from existing feeder roads or you will need to think about creating a path. Think also about access to the different networks: water, electricity, telephone, sanitation.
In any case, you will have to respect the rules of town planning in force: national regulation of town planner and / or local plan of urbanism (PLU). It is these documents, which you will find in town hall, which will indicate to you if the part of ground which you wish to yield is or not constructible and which type of construction can be implanted.
The role of the surveyor in the division of a field
To be able to put on sale a part of your ground, you will have to make to realize the division by a geometer-expert. This professional can also bring you his expertise to verify the feasibility of your project.
It is the expert surveyor who comes to the site to measure the new parcel, to carry out the dividing division, to check the alignment with respect to the street and to carry out the plan of survey. It will transmit this one to the administration of the cadastre for the update of the cadastral plan and the land advertisement.
He is also the expert surveyor who can help you with the necessary steps to obtain administrative authorizations from the land division.
Authorizations needed to sell part of your land
In general, from the moment you divide your land for sale to build, you are in the legal framework of the subdivision. Even if you only detach one lot.
You will then have to file either a development permit or a prior declaration:
- The planning permission: It is mandatory when common spaces and equipment are created (creation of access roads or servicing equipment) or when the lot or lots are located in a classified site or in a safeguarded area.
It is granted explicitly or implicitly 3 months after filing the file in town hall.
- The preliminary declaration of developmentIt is required in all cases not covered by the planning permission.
It is granted explicitly or implicitly 1 month after filing the file in town hall.
Once you have obtained permission to divide your land, you are required to advertise it by posting it on the newly created parcel for 2 months. It is only at the end of this period of appeal that you will be able to sell the lot.
The sale of part of your land and taxation
When selling a portion of your land, you will be subject to capital gains tax. Unless you are selling simultaneously your principal residence and the detached parcel. The principal residence exemption then applies to both sales even if they do not occur at the same time.