Building land: the rules to know to buy building land

Building land: definition and criteria

Building land is a plot of land likely to accommodate one or more new constructions.

To be considered buildable, land must meet several criteria concomitantly:

As soon as all these criteria are met, land can be constructible.Conversely, if one of these cumulative conditions is absent, the land becomes non -constructible.

Please note: the term "building land" (which actually only exists in tax law, but not in town planning law) is often used to evoke building land.However, elements make it possible to distinguish these two concepts.First, a building land is necessarily naked (apart from buildings whose state makes them unfit for any use: ruins, building struck by a peril decree, inbound site, etc.), while a building land canAlready include one or more constructions.Then, unlike building land, building land is not necessarily serviced.

Isolated land or in a subdivision: two purchase possibilities

The building land offered for sale to build a new home are mainly distinguished according to their situation.It's about :

Purchase of building land in Diffuse sector

Most land is purchased in diffuse.We also speak of isolated land, insofar as they are located outside the subdivision (and not that they are in the depths of the countryside or far from administrations or shops!).The land is sold alone and separately.Unlike a subdivision, it is not the result of a division of an existing property.

The major advantage of this type of land lies in the freedom of choice it offers (configuration and location of the land, choice of manufacturer, larger possibilities in terms of architectural construction of the future house).The only limits to be respected remain those related to regulations (urban planning, among others) and its own financial capacities.

On the other hand, the purchase of a diffuse land imposes many steps on its purchaser.These isolated terrains are generally not serviced, the connection work on the various networks (water, electricity, telephony, etc.), resulting in additional cost.It is also necessary, among other things, to check the nature of the soil and consult the passage easements.

Acquisition of a building land in subdivision

It is article L.442-1 of the town planning code which clearly defines the subdivision: “The division in property or in enjoyment of a land unit or several contiguous land units having the purpose of creating one or morelots intended to be built ”.

In other words, a land for sale is qualified as "land in subdivision" when it comes from a single land divided into several lots (plots), which must accommodate future constructions.These lots are sold to individuals in order to build new individual houses.

In subdivision, the owner holds the ground on which the house is built.A difference in size with the condominium since, in this case, the entire land on which the dwellings are erected belong to the condominium.

Unlike the purchase of diffuse land, becoming the owner of a subdivision land provides a number of guarantees.The buyer is certain that the seller offers him to buy:

On the other hand, since we acquire a land ready to build, the choice of the manufacturer is not necessarily free.In addition to the relative proximity to neighboring constructions, it is also necessary to comply with the regulations and the specifications written by the developer.This also leaves less freedom on the rendering of the house, since it is necessary to respect very precise architectural prescriptions to ensure urban coherence at the subdivision.

How to find a building land to buy?

The quest for building land is the first stages for those who want to embark on a house construction project.And it’s rarely an easy thing.There are nevertheless a multitude of tracks to find the ideal plot.

Among the interlocutors to favor, we can cite (non -exhaustive list):

It is also advisable to consult the classified ads of free magazines or sites specialized in real estate, but also to pass an ad (free or paid) through support.Do not hesitate to talk about his construction project, and therefore his field research, to those around him.Another channel not to be overlooked: word of mouth, which allows you to know the local land located near home.

What to check before buying land to build

Town planning rules in force

To find out if a land is constructible or not, it is above all necessary to learn about the planning rules in force.This goes, mainly, by consulting certain documents at the town hall of the municipality on which the land is located.It's about :

Please note: the consultation of these documents makes it possible to obtain answers at a moment T. The constructible or not of the land can evolve at any time, according to the developments desired by the municipality or the intermunicipal.

Soil status and environmental risks

Determining the nature of the soil is an essential step before the purchase of building land.A building attested building does not imply guaranteed soil quality.It is therefore advisable to use the services of a surveyor to check if the land is not too rocky, too clay or too limestone (otherwise it will have to be rehabilitated).

Depuis le 1^er octobre 2020, la vente de terrains non bâtis constructibles permettant la réalisation de maisons individuelles impose un nouveau diagnostic obligatoire (étude géotechnique préalable), afin de détecter les risques de mouvements de terrain liés à la sécheresse ou à la réhydratation des sols argileux. Deux arrêtés – l’un est paru au Journal Officiel du 6 août 2020, l’autre au JO du 15 août 2020 – précisent cette disposition prévue par la loi du 23 novembre 2018 portant évolution du logement, de l’aménagement et du numérique (loi Elan).

Nor should we hesitate to ask the town hall the prevention plan for natural risks (PPRN).This document points out whether the land is in a risk area (floods, fires, landslides, avalanches, etc.).

The owner of a land located in a sensitive area must also provide the future buyer with a state of risks and pollution (ERP).This document lists the possible natural, mining or technological hazards, as well as the level of radon potential (a radioactive gas of natural origin) and the degree of soil pollution.

Any servicing work

If the building land is located outside a inhabited area (in rural or semi-rural areas, in particular), it is necessary to plan to finance access to different networks (water, gas, electricity, telephone, etc.).Indeed, building land is not necessarily serviced.The cost of this servicing depends on the distance from the field compared to networks.

In the event that the plot is not connected to collective sanitation, it is necessary to consider a budget again to equip yourself with an autonomous sanitation system.

Land limits and easements

Before acquiring building land, the exact limits should be known.This involves a demarcation operation, carried out by an expert man.The termination report it establishes makes it possible to define materially and legally the real limits of the field.An operation which avoids an action in nullity of the sale due to an area error

In addition, you must check the presence (or absence) of easements.Thanks to the cadastre, it is possible to know whether or not the land has private easements.This concerns, for example, the right of way from which the neighbor benefits.Thus, if the land encroaches on the right to pass its plot, additional work must be carried out.

But the land can also be subject to public utility easements, such as the passage of pipes or cables, or roads or public transport projects.

The procedure for purchasing building land

Buying building land goes through several stages.They imply that the buyer respects a well-defined procedure vis-à-vis the owner who sells his plot.

The purchase offer made to the seller

Once his choice has been arrested on building land, the purchaser potential must first make a purchase offer to the seller.This operation, not compulsory, consists in putting an option on the plot for a certain period.

The purchase offer can be made orally, or by email (simply formalize exchanges between the two parties).In this case, she does not commit the buyer, especially if he still hesitates to invest in the field.Nor does it engage the seller, who can always offer the land to another buyer.

But the buyer can also formulate a purchase offer in a written manner, via a letter or mail.In this case, it constitutes a legal act.If the seller accepts the offer in writing, the buyer undertakes to buy the building land.

Signing a sales compromise

The second step, which occurs after accepting the offer by the seller, is the signing of a sales compromise.It sets all the terms and formalities of the final sale which will be made a few weeks later at the notary.

Not compulsory, but essential, the compromise of sale of land has a more contractual significance than the purchase offer: this pre-contract seals on paper an agreement between the owner of the land (the promising) and the buyer (thebeneficiary).It is signed when the two stakeholders are sure to want to go after the transaction.Its drafting by a law professional (the notary) is strongly recommended.

The compromise of sale of a building land, written by a notary or by both parties, can take two forms of choice:

The signing of the sales compromise is generally accompanied by the payment of a sum of money called immobilization indemnity (often between 5 and 10% of the total amount of the transaction).It is derived from the price during the final sale.

If the purchase concerns a land located in a subdivision, the withdrawal period offered to the purchaser is set for ten days after the signing of the sales compromise (Macron law of August 6, 2015 and article L271-1 of the Construction Codeand housing).

If the land is located outside a subdivision (insulated land), no right of withdrawal is provided for by law.On the other hand, the two parties have the possibility of adding this period, with an additional clause in the contract.

The buyer has the contractual period - mentioned in the promise to sell or appearing in the additional clause - to give up the acquisition of the land.He must mean it through a registered letter with acknowledgment of receipt sent before the deadline.

Please note: the breakdown of a compromise for the sale of land can lead to damages.

Costs on the purchase of building land

Notary fees

If the seller of the building land asked his notary and that of the buyer to collaborate in the drafting of the authentic act, "notary fees" must be paid (they are, by default, set by theBuyer).

Leur montant dépend en particulier du prix de vente du terrain. En moyenne, ces frais représentent 7% du prix total du terrain. Ils couvrent les droits de mutation, les honoraires du notaire et les frais d’enregistrement de l’acte.

The development tax

Que l’on achète un terrain constructible en terrain diffus (terrain isolé) ou au sein d’un lotissement, il faut régler la taxe d’aménagement. Cette taxe d’urbanisme est exigée pour toute construction qui nécessite une autorisation d’urbanisme, comme un permis de construire.

Connection costs

If the acquired land is not serviced, a budget must be provided for connection to water, electricity, gas, telephone, collective sanitation networks and (more and more often) to fiberoptical.

In order to avoid unpleasant surprises, the foreseeable cost of servicing the land should be as close as possible.This involves in particular to take into account the distance between the land from the main equipment or public networks.Logically, the longer it is, the higher the cost of the connection.

According to the municipalities, various taxes with connections can possibly be added, such as participation for the financing of collective sanitation (PFAC) and the local equipment tax (TLE).

Very variable, the connection costs can, according to the Seloger site, are around 5,000 euros for a land located in a suburban district (already well served by the various networks).An invoice that can exceed 10,000 euros, or even 15,000 euros, if the land is very isolated or if it has a difficult configuration.

Building land and property tax

When acquiring a building land, the buyer must pay the property tax on non -built properties (TFPNB).The tax administration takes on January 1 as a reference date for the owner's situation (the promising).He is indebted to the entire tax, even if he seizes the property during the year.

But it is common that during a purchase, the seller and the buyer provide an agreement on a distribution "Prorata temporis" (that is to say in proportion to the time) of the payment of the tax.

What period between the purchase of the land and the construction?

How long can you keep land without building after having acquired it?There is no obligation to immediately embark on construction work on your accommodation after purchasing building land.

It is therefore possible to keep a naked building land as long as the plot remains constructible, after obtaining a building permit.But as the town planning code specifies, it is necessary to "undertake" the work within three years of obtaining the permit.The validity period is, in fact, three years, with two possible extensions of one year each.

Consequently, the buyer in theory has five years (three years of initial validity of the building permit, and two extensions of one year) to start the work.However, the request for extension of the period to carry out construction work can only be carried out if the planning rules have not changed since obtaining the permit in an unfavorable manner with regard to the buyer.

On the other hand, there is no delay to complete the work.

Please note: there are some cases where this rule of "buying to build later" does not apply.First, when an obligation to build is subject to the sale of the land.This can also be the case of certain building land sold in subdivision or when a municipality conditions the allocation of plots to a contractual construction period (associated with a penalty of paying in the event of non-construction, or even a cancellation of thesale).In all cases, these obligations must clearly appear in the compromise and the notarial deed.

Buying building land without building is it possible?

The buyer of a building land has, as a rule, no obligation to build on a plot that he has acquired if he does not wish.However, to limit this scenario, some municipalities apply a tax on a building land which remains virgin of any construction.

You should know that the main risk is that after the purchase of a building land is that it passes in non-constructible.Only the building permit can make it possible to "block" this building character for three years (the initial period of a permit).

Note: a buyer decided from the start to acquire land without wanting to build his accommodation has every interest in turning to non -constructible land offers.Already for a cost of cost: non -building land is much cheaper by the square meter than building land.