- Divide a land for sale, why?
- Make sure the land is constructible
- Certificate of urban planning information and notary
- Delimit the land for sale
- Town planning steps before the sale
- Escaping the taxation of surplus value
- Information to be provided to the buyer of a bare lot
The operation can be financially interesting provided that the plots are buildable. Framed legally, it requires steps with the town hall.
Divide a land for sale, why?
If a house is located on a large lot, selling some of it can be advantageous in more ways than one.
This frees up capital and reduces maintenance work. This may also be a good solution to facilitate the sale of a property. With less land, the price of the house will be lower and will attract more buyers. By adding, the price of the plot (s) sold separately, there is something to be gained.
Make sure the land is constructible
This is the condition to get a good price of his land! We must therefore make sure before any other step to sell it.
Take note of the town planning rules applicable to the town hall. These rules can emanate from the law mountain or littoral, the national regulation of town planning, the local plan of urbanism (PLU).
The entire territory of the municipality is divided into building zones or not. For each of the building zones, construction rules are defined: height, aspects, location of the building in the field compared to other properties, to the street... Depending on the configuration of the premises, even if the land is in a building zone, building a house may be impossible.
Certificate of urban planning information and notary
- To ensure the constructibility of the land that you want to sell, ask the town hall, an informative urban planning certificate to know the planning provisions applicable to this land.
- Talking about his project to his notary, he can advise.
Delimit the land for sale
Divide a land in one piece to sell a part an acquirer intending to build is treated as a subdivision. However, it must be that the development operation takes place over a period of 10 years at most.
The fact that a lot is composed of several parcels listed under different numbers in the cadastres is irrelevant. Similarly, if only one parcel is detached, the land is also subject to subdivision regulation.
Since this is a subdivision constitution, it is necessary to have the land for sale. This operation is carried out by a Expert surveyor. It consists of putting "landmarks" to identify the boundaries of the land.
This professional will advise you to practice the best possible cutting of the land based including access routes, connection possibilities to existing networks.
Town planning steps before the sale
The sale of the land can be done only if the authorization has been obtained.
A "preliminary declaration" to deposit at the town hall is enough:
- for the creation of 2 lots at the most;
- for the creation of 2 lots but the land is not in a saved area or a classified site; ditto if the configuration of places does not require the realization of lanes or common areas.
- The preliminary declaration is carried out on the official Cerfa 13404-01 form. It must be submitted to the town hall or sent by registered letter with acknowledgment of receipt. The instruction period of the application is usually one month. Failure to answer is no opposition to the project. But the non-opposition may also be accompanied by work orders which must in this case necessarily be made before the sale.
In other cases, a planning permission is required.
The request is also to be submitted to the town hall.
Escaping the taxation of surplus value
If you sell your building land more expensive than you bought it, you release a capital gain. She can escape the income tax if for example you own the land for more than 22 years, and social security if you have held for more than 30 years.
If you realize a taxable capital gain in 2016, it will be taxed at the rate of 34.5%, ie: 19% for income tax and 15.5% for social security contributions.
If the land was not buildable initially and became, the seller may be liable for an additional fee in place in the municipality.
Information to be provided to the buyer of a bare lot
As long as you sell bare land (no construction on it), only the state of natural, technological and seismic risks must be provided to the purchaser. This information can be obtained from the town hall.
The Alur law of 24 March 2014 created the "soil information sectors". This device concerns land for which pollution is known. This situation justifies the completion of soil studies and pollution management measures to preserve the safety, health or public health of the environment. These sectors are the subject of graphical documents appended to the local urban plans. For the sale or lease of land in these areas, the seller or lessor must inform the purchaser or lessee in writing.