Question 13355 — urban planning

Summary

Ms. Mathilde Paris questions the Minister of Ecological Transition and Territorial Cohesion about the procedure for regularizing a subdivision when a building permit is issued. Indeed, article R. 442-2 of the town planning code provides for the possibility of regularizing a subdivision upon the issuance of a building permit when the request is requested on a building lot which has been the subject of a division which had not initially been sanctioned by the issuance of a planning authorization: “When a construction is built on part of a land unit which has been the subject of a division, the application for a building permit takes the place of a prior declaration of subdivision as long as the application indicates that the land comes from a division”. It is therefore a question of allowing regularization when the legislation on subdivisions was not initially respected. These provisions created by article 5-7° of decree no. 2012-274 of February 28, 2012, are integrated into the town planning code, in Title IV Provisions specific to developments Chapter II Provisions specific to subdivisions Section 1 Scope of application. The case law shows that in fact, the trial judges carry out a regular, although rare, application of these provisions (see for example CAA Nancy, 1st ch. - training at 3, Jan. 23, 2014, no. 13NC00783; TA Nice, 4th ch., Nov. 16, 2022, no. 1904136; TA Châlons-en-Champagne, 1st ch., May 25, 2023, no. 2200432). Thus, article R. 442-2 providing that the building permit application can serve as a “prior declaration of subdivision”, must be interpreted as creating a regularization procedure which would be limited only to cases of subdivisions subject to prior declaration and as not applying to subdivisions subject to planning permission pursuant to article R. 421-19 which could therefore not be subject to regularization, or should it be interpreted on the contrary as applying to all subdivisions whether subject to planning permission or prior declaration? This imprecision is likely to give rise to a certain insecurity legal for the people concerned who might fear that certain lots resulting from land divisions might find themselves “frozen” in terms of constructability. In view of this imprecision, she would like to know the position of the competent minister so that those involved in the sector benefit from visibility on this point.

Machine translation from French. The official text remains authoritative.

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