The graphical document in your local authority's PLU indicates that your house (or plot of land) is located on a reserved site, and you want to put it up for sale.
Please note that even if your PLU is very old, the fact that the local authority has not used its reserved site in all these years does not mean that it has been removed.
A reserved site is a public easement set up by the local authority. It allows the municipality to freeze a defined area of land for a pre-determined purpose. In practical terms, this could be an area where the local authority plans to install refuse containers, a children's play area, widen a road or create a pedestrian walkway.
Establishing a reserved site on a property restricts the owner's building rights, as only works or installations that comply with the purpose of the reserved site may be authorised.
The beneficiary of the reserved site may be the State, the département, the municipality, a group of municipalities or a body holding a concession or managing a public service.
If the local authority wishes to obtain the reserved site in order to carry out its project, it can opt for an amicable acquisition, pre-emption (if this option is available), or expropriation.
In most cases, the reserved site is set up on only part of the property, but it can also concern the entire property.
Can I sell my property if there is a reserved site?
It is possible to sell a property that is encumbered by a reserved site, but the buyer must be informed of its existence.
If the buyer intends to build a swimming pool or an extension within the perimeter of the reserved site, the local authority may object to the project. Only temporary constructions that are in keeping with the purpose of the site or are not incompatible with the reserved site will be permitted.
In any event, when a property is put up for sale, it will be necessary to consider the consequences of the existence of this reserved site.
Can you force the local authority to buy the land affected by a reserved site?
By exercising their right of relinquishment, the owners of land subject to a reserved site can give the local authority formal notice to acquire the part where the reserved site is located. The municipality then has one year to respond.
Either it accepts the acquisition and an amicable sale takes place. However, the owner must bear in mind that the municipality has two years from the date of the formal notice to pay the price.
Or the municipality refuses the acquisition and, after a period of one year, the owner can apply to the expropriation judge to remove the reserved site. In this case, the municipality is not obliged to acquire the land affected by the reserved site, but the land becomes free of this reservation.
Finally, the only way to have the reserved site removed is for the owner to request a simplified revision of the PLU. In this case, the removal of the reserved site must be considered to be in the general interest and not that of the applicant.
