Question 34615 — natural disasters

Summary

Mrs. Nadia Essayan draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the implementation of compulsory diagnosis for land located in clay zones. Two decrees published in the Official Journal on August 6 and 15, 2020 provided the practical framework for this rule initially provided for by the Elan law of November 23, 2018. Concretely, a geotechnical study must now be annexed to the new sales agreements in order to detect the risks of ground movement due to drought and/or rehydration of soils which have an impact on clays. This study is necessary for construction work contracts and for land allowing the construction of individual houses and therefore building land. However, exceptions are clearly provided for constructions with the distinction between works foundation and other works; another exception is that of extension projects for verandas and garages when the surface area is less than 20 square meters. The MP sees in this generality for building land an important limit since small and medium-sized areas which are not intended to receive construction will be subject to this legislation and therefore to the costs represented by such study. The risk is high since the case law has a very broad vision of a building plot and the judge sets up a single criterion of minimum size and does not look at whether or not it is already built (CA Paris, March 19, 1982, AJPI, 1982, page 507). Therefore, while the study is necessary for construction, the generalization for all building land will strongly constrain sales in rural areas to heavily clayey soil, like the Cher. Furthermore, given the risks represented by the absence of clear exceptions from the State, notaries impose a diagnosis regardless of the size of the land, to avoid the risks of the judge's interpretation. Therefore, it seems preferable to provide certain exceptions for the case of building land. She asks him his intentions on this subject.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.