You've bought a plot of land to build your dream home. But just when you were ready to start building, bad news... in the meantime the land has become unbuildable. How can this happen, and what can you do about it?
Why this change?
How is it possible that from one day to the next, a plot of land that is constructible is no longer so? The answer can be found in your local town hall's planning documents. For a plot of land to be constructible, it must :
- be able to support construction, i.e. the soil must be able to support the weight of a building
- be serviced, i.e. connected or capable of being connected to the various networks (water, gas, electricity, etc.), as well as to the road network to enable access to the plot
- be legally authorized to receive the planned construction. This status is conferred by the certificat d'urbanisme. As this document is subject to change, a plot of land that is constructible at one time may no longer be so.
These three conditions are cumulative. In concrete terms, the reasons for a change in status are essentially safety, health, protection of the site or its classification as a natural zone, or a project of general interest...
Your land may also be granted "limited constructibility" status. This is the case in communes without a local urban development plan (PLU ). In this case, no construction is authorized outside the urbanized parts of the commune, unless authorized by a deliberation of the municipal council. Such authorization may be granted when justified by the interests of the commune (notably to avoid a decline in the number of inhabitants).
Good to know
The constructibility of a plot of land is never a foregone conclusion. The reverse is also true.
What can I do?
As the saying goes, "what am I going to do now"... with this plot of land I can't do anything with? Don't give up just yet. First of all, you can try to contest this measure with the mayor or the administrative court. Secondly, even if you can't build your house, there are other options open to you. You could, for example
- convert it into a vegetable garden, orchard or pleasure garden
- rent the plot to a neighbor, who will then be able to enlarge his garden,
- rent it to professionals to store their equipment, machines or machinery
- turn it into a parking space, which you can also rent out.
Marie Christine MENOIRE