When the sale involves building land, it is in the buyer's interest to include a condition precedent that planning permission be obtained in the compromis. Purchasers will only be inclined to buy a plot of land if it allows them to carry out their building project. If the buyer does not obtain planning permission, the land is no longer of interest to him.
This is why a condition precedent is essential for the purchase of a building plot, otherwise the purchaser could end up owning a plot that he or she could not use.
However, a condition precedent does not mean that the building project should not be studied in the light of the PLU rules before the compromis is signed, to avoid blocking the vendor for a project that is unfeasible. Similarly, we strongly recommend that you apply for a pre-operational planning certificate beforehand, which will indicate the situation of the plot with regard to planning regulations and inform the buyer as to the feasibility of his building project.
This certificate is not an authorisation, but simply information. It is quite possible to have a positive planning certificate and still be refused planning permission.
The condition precedent to obtaining planning permission must be clearly defined. In particular, it must specify
- the floor area for which planning permission will be sought
- the deadline by which the purchaser must submit the application for planning permission to the town hall (approximately 15 days to 3 weeks).
- the maximum period within which planning permission must be obtained.
- the obligation for the purchaser to display the planning permission on the property for two consecutive months.
More specifically, the sale must be conditional on obtaininga building permit that has been cleared of third-party appeals for two months (from the date of posting) and that has notbeen withdrawn by the authorities within three months of the permit being issued.
In practice, therefore, the sale of a building plot always takes a long time. On average, you need to allow 5 to 6 months between the preliminary sale agreement and the final sale, taking into account the various deadlines to be taken into account:
- the time it takes to submit the building permit and all the relevant documents
- the town hall's two-month maximum time limit for obtaining planning permission for a detached house
- the two-month time limit for appeals by third parties from the time the notice is posted
- the deadline for the authorities to withdraw the permit, which is three months from the date of issue.
