Administrative law, urban planning and environmental constraints
Administrative law, urban planning and environmental constraints
The exam tests the public-law limits on private property that a notary must check before a transaction: planning zones, permits, protected sites and pre-emption rights.
Planning
- Communes adopt a plan d'aménagement général (PAG) and plan d'aménagement particulier (PAP), which fix zones, coefficients and uses.
- A building permit (autorisation de bâtir) is required for most works; a certificat d'urbanisme gives official information on the plot.
- Classified establishments need a commodo/incommodo authorisation.
Environmental constraints
- Natura 2000 sites, protected monuments, water protection zones, flood risk and woodland clearing restrict use.
- Environmental impact assessment applies to listed projects.
- Public bodies may hold pre-emption rights, and expropriation follows administrative procedure.
Worked example
A plot is zoned for housing but lies in a flood-risk area. The notary obtains the urbanism certificate, which shows the constraint, and inserts a condition and an information clause in the deed. The sale is not void, but the buyer is warned and the notary avoids liability. If a permit were required for the intended use, completion might be made conditional on obtaining it.
Traps
Treating the PAG as a guarantee that a permit will issue, ignoring a commune's pre-emption right, and overlooking servitudes or environmental restrictions are the usual mistakes. Always check the certificate's date and scope.