The authorisation to divide land into plots
Definition
Housing estate is an operation with the out come being the division of land property into plots. All sub division with more than four plots is subject to approval by the competent authority, under pain of being declared null and void of the deeds relative to it. Hence the authorisation to divide land into plots.
It is an authorisation given by the Town Council to a private person, an artificial person, public or private or Urban Land Association Initiative (ULAI) to realise sub division on a titled land.
Document procedure and composition
The initiator of housing estate project calls a registered urban planner to draw up a housing estate project on the basis of a topographic survey at the scale 1/500 or 1/1000 carried out by a registered land surveyor.
The document established in five (5) copies consists of:
- A stamped application signed by the landlord or his representative or a person with an authorized title to share out the land ;
- Town planning certificate ;
- Presentation report with relative informations:
- To the occupation density and the reception capacity;
- On the type of construction and to leisure equipment;
- On the diagram of proposed solutions to the problems of water and electricity supply, wastewater treatment, sewages, wastes evacuation and network to fight against fire;
- On existing common transports;
- To list of proprietors, tenants and holders of real rights concerned, with the delimitation of their parcels;
- To the evaluation predictable financial, economic and social effects;
- To an estimation of consequences on the environment;
- On urbanistic prescriptions.
- A plan presenting the altimetry1, the planimetry2, plots to be created, road, green spaces, parking areas, sport fields and eventual linking to rail ways and water.
- Annexes:
- A situation plan at the scale 1/5000 or 1/10 000 extracted from a planning document if one exists, clearly indicating the position of the land;
- A plan of all roads and equipments permitting their reversal to the public domain;
- A programme of works indicating the characteristics of different works to be realised and eventually their realisation conditions by section;
- Conditions of contract (see annexe 2);
- A town planning housing estate regulation in conformity with the regulation of planning document, if it exists, if not to general town planning rules and construction projected by the law;
- A programme of collective equipments;
- The engagement of the divider to finish the works predicted in the project;
- The commitment of the divided to constitute a buyers trade union;
- A project of status regulating the buyers trade union..
As the document id filed, the Mayor verify the admissibility of the application. If the document is incomplete, the Mayor invites the applicant to complete it within fifteen (15) days.
Within fifteen (15) days following the filing of the application or the provision of supplementary documents, the Mayor transmits the complete document to an examination commission.
Composition of the examination commision
President: The Mayor or his representative.
Reporter: Head of ministry in charge of town planning local service.
Members:
- Official of ministry in charge of town planning local service;
- Official of ministry in charge of the domain local service;
- Official of ministry in charge of the environment local service;
- Official of ministry in charge of forests local service;
- Representatives of distributors of water and electricity networks;
- Representatives of professional orders of sector operating in this locality.
The commission can legitimately sit only in the presence of it president, reporter and at least 2/3 of it members.
Deadline
The deadline for the study of document is sixty (60) days if the number of plots is inferior to ten (10). On the contrary, it is a maximum of ninety (90) days.
The authorization is cancelled if construction works are not carried out within a twenty (24) months deadline from the day the authorization to divide the land was issued. This deadline can be extended to a maximum of thirty six (36) months. The deadline can be carried to 6 (six) years for development operations realised in sections.
Deadline
The deadline for the study of document is sixty (60) days if the number of plots is inferior to ten (10). On the contrary, it is a maximum of ninety (90) days.
The authorization is cancelled if construction works are not carried out within a twenty (24) months deadline from the day the authorization to divide the land was issued. This deadline can be extended to a maximum of thirty six (36) months. The deadline can be carried to 6 (six) years for development operations realised in sections.
The marketing or the allocation of plots in a housing estate
All marketing or allocation of plots in a housing estate before obtaining authorization to share out land is formerly forbidden. The local services of the ministry of town planning and the City Council technical services should assure the execution of main services before plots are sold.
Four forms of marketing plots exist:
- agreement to sell which should be accompanied by housing estate regulation, conditions of contract and authorization to parcel out land;
- sell at the future state of completion: the seller can proceed to sell plots if he justify be a guarantee of completion of works;
- Sell in stages : the seller can obtain marketing authorization on a number of parcels proportional to the progress of development works;
- Selling after works: before marketing, the seller should justify the respect of town planning rules by a declaration of completion of works and obtaining of works completion certificate issued by the Mayor. The aforementioned certificate is established on the basis of implantation verification of plots and materialisation of areas for roads and public equipments (see annexe 2).
Modification of plots
When the owner holds two thirds (2/3) the surface area of a housing estate applies for modification of plots, the authority haven’t approved and authorise the aforementioned housing estate can declare the modification of all or part of the documents, especially the contract conditions and housing estate regulation.
This modification should be compatible with town planning rules applicable to the sector where this housing estate is situated.
Sanctions applicable in the case where parcelling authorization is not presentedSanctions applicables
The owner has to present to each buyer the contract conditions and decision approving the housing estate, he watches over the respect of the measures of the contract conditions by the buyers.
The landowner has the responsibility to inform the competent administrative authority on all offences committed by the buyer during the development of his parcel.