Question 11974 — co-ownership

Summary

Mrs Blandine Brocard questions the Minister of Ecological Transition and Territorial Cohesion on a response to a written question which gives rise to legal uncertainty. In his written question no. 3087, MP Lionel Causse questioned the ministry on the sale of parking spaces intended for visitors. He asked “if a change in the regulations in this area is envisaged in order to condition the sale of tickets parking for visitors to a favorable decision by the mayors concerned. » The question was therefore whether a right of veto could be given to mayors in the event of a sale. In the response published in the Official Journal on January 3, 2023, the Minister indicates that “conditioning the sale of a parking lot by a syndicate of co-owners to a favorable decision by the mayor concerned could lead to prohibiting the syndicate to transfer his property and therefore oblige him to remain owner of it. This would infringe on the right to freely dispose of one’s property, an attribute of the right to property protected by the Constitution.” The response also addressed the question of the town planning code by indicating that "the provisions of articles L. 151-30 and R. 151-44 of the town planning code provide that the regulations of the local town planning plan may contain obligations of creation of parking areas and specify the type and main characteristics of the parking spaces. Furthermore, if the local town planning plan sets a number of parking spaces to be respected when carrying out a construction operation, compliance with this obligation is assessed at the time the building permit is issued. The local town planning plan cannot therefore prevent the subsequent sale of the parking spaces”. Following this reasoning, as soon as a developer obtains his certificate of conformity, the parking spaces imposed as intended for visitors could be sold and the property no longer be in compliance with the PLU. In this case, what is the point for a municipality to request the creation of parking spaces for visitors, if they can be immediately sold after the end of the real estate operation, visitors finding themselves obliged to park on public property, which the PLU wanted to avoid? To make an analogy, the regulations of a PLU can require the planting of a certain number of trees on a plot. Once compliance is achieved, the trees could then be removed, because the PLU regulations would no longer apply. Failure to comply with the provisions of the regulations of a PLU constitutes a criminal offense under articles L. 610-1, L. 151-2 et seq. of the town planning code, punishable by article L. 610-1 of the same code, the offense being independent of the fact that a town planning authorization is necessary. The regulations of a PLU apply as long as they are not replaced by a new regulation which would remove this obligation to create visitor spaces. At that point, their sale would no longer be contrary to the regulatory provisions. She therefore asks him to please clarify the legality of the sale of places intended for visitors in contradiction with the regulations of a PLU and whether this sale could constitute an offense punishable by article L. 610-1 of the town planning code criminalizing the perpetrators of the facts.

Machine translation from French. The official text remains authoritative.

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