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 The dream of each one…. to become owner those which sell their ground, those which buy a ground to build, to excavate the data bases to find your ground, to consult the files of the town halls, to come into contact with the notaries and the geometricians of your area To question the inhabitants, the commercants in the villages,
• How to buy its ground ?
No the house without ground, some precautions are essential. If you are not fixed yet, you have a very precise idea of the geographical area in which you wish to build as well as elements which will make that you will choose this ground rather than another (proximity of transport, the schools and the trade, tallies green and at the desired price).
Admittedly, these considerations are important but do not neglect therefore the technical aspect (natural and quality of the ground). In addition, attentively read the documents of town planning which can give you invaluable information (constraint, a number of constructible square meters…).
• To choose your ground
• How to find a ground ?
Attentively examine the specialized press, even the local press. In addition, you can contact the developers-lotisseurs but also the manufacturers of houses which, to satisfy their customers, try to count the grounds to be sold in the various areas where they build. The law prohibited with the manufacturers of houses to intervene directly in the sale of the ground. If you do not find your happiness, think of following the auction sales. With this intention, you address to the room notaries or the fields.
• What an insulated ground ?
The insulated ground is not inevitably that which is right in the middle of the fields, in withdrawal of any dwelling. It is quite simply about a ground put on sale, often by private individuals who decide to separate some. The advantage of the insulated ground is that it can accomodate any house with the proviso of complying with the rules of construction into force contained either in the Plan of occupation of the grounds, or in the Code of town planning. This kind of ground is not always developed, i.e. it is not connected in theory to the collective networks of drinking water, gas, cleansing, electricity and telephone. You must in this case envisage additional expenses to obtain connections with the utility services. Moreover, it rests with to you to make to the administrative steps necessary to ensure you that it is indeed a constructible piece.
• And the ground in allotment ?
If you make the choice of a ground in allotment, you will have the advantage of acquiring a piece profiting already from elements of equipment. The feeder systems are generally carried out. That will not exempt to you to comply with the rules of construction (height, surface, orientation, nature of materials). These rules are defined in the payment of allotment and must be observed. The purchase will be done near a developer-lotisseur and not of a private individual. You will have the assurance which it is indeed a constructible ground especially arranged to accomodate constructions there.
• Constructible Ground, certificate of town planning, surface exact of the ground… as many precautions to be taken before buying How to make sure that the ground is constructible ?
To ensure you that the ground that you covet is quite constructible, you must go to the service town planning of the town hall of the place of situation of the ground to consult there the Plan of occupation of grounds (POS). This document is fundamental. It delimits the communal ground in various zones according to their assignment (centre of population, industrial park, agricultural zone…) and specifies if such or such ground is constructible. You can obtain a copy from it.
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Why is it advised to get a certificate of town planning ?
It is about a complementary guarantee. Indeed, this document shows in a more detailed way what is contained in the POS. A certificate of “positive” town planning means that the ground is constructible. And the rules stated in the certificate of town planning are valid throughout one one year as from its obtaining. In other words, during the period of validity of your certificate, you are certain to obtain your permit building. Because do not only forget, even if the ground is constructible, you will be held to ask for a licence of build.
Et how to obtain it ?
To obtain this certificate of town planning, you must deposit a demand for town hall. This document will be delivered to you free within two month as from your request.
Which is the exact surface of the ground ?
You must know the exact surface of the ground to determine the number of square meters which you will be authorized to build. Caution! The capacity indicated in the document of title is indicative, as well as that indicated to the land register. It is thus advised to make measure the ground by an expert geometrician before acquiring it. The more so as the price of the ground is often fixed at the square meter. The developers-lotisseurs adhering to the national Trade union developers-lotisseurs (Snal) guarantee to you, except for the square meter, that the surface mentioned in the act is exact.
Which surface will be able you to build ?
You are not free to build on the totality of the ground. It is the plan of occupation which gives you this indication. Indeed, it fixes a percentage occupied time of the grounds (COS) which enables you to determine the constructible floor space on your ground. To know this surface, it is enough for you to multiply the surface of the ground by the percentage occupied time of the grounds indicated. For example, for a ground of 1.000 m2 with a COS of 0,3, the floor space which you will be able to build will be limited to 1.000 X 0,3, that is to say 300 m2. Caution! This surface includes/understands the sum of surfaces of the floors, thickness of the walls of each level of construction included/understood
• On which ground make you build your future house ?
A beautiful ground is not inevitably a good ground. Natures of the ground and the basement must hold all your attention because they can imply more or less expensive foundations. Construction will be indeed more or less easy according to whether the ground is wet or not, sloping or not, downwards or in overhang by report/ratio with the public highway, of rectangular form or all in length. For more information, do not hesitate to contact the departmental Management of the equipment (DDE) which has a solid experiment on the matter. Their technicians will announce you the significant zones and will usefully advise you on the type of foundation adapted best. Lastly, check that the ground is not located in a zone at the natural risks (floods or landslide). For that, you address to the prefecture or the town hall of the place of situation of the ground. From these services, you will collect precise information (underground drain, sheet of water, old careers, etc).
• Constraints
Indeed, the ground can be burdened with a constraint, i.e. of a right prisoner by your neighbor on your property. Among the many existing constraints, let us quote the right of way (if the close piece is wedged, for example) which can involve a rebate of your ground. The ground can also support a constraint of water run-off obliging you to receive natural water coming from a ground or public highway located above yours. In addition, during the construction of your house, you will have to observe the regulation concerning the sights on the close property, i.e. the distances to respect to open a window on the funds neighbor.
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 • Concretiser its ground purchase
You will sign a commitment to sell. In a unilateral promise of sale, the owner engages, during a certain time, to sell his ground with the help of a given price to you. In other words, as long as the time which is offered to you to go purchaser is not expired, the owner cannot yield his ground to someone else.
the other hand, you pour an allowance of immobilization in theory equal to 10% of the selling price (the balance having to be versed at the day of the final act). Do not forget to insert in this contract of the suspensive clauses conditioning the realization of the sale into obtaining the loans, but also with obtaining the permit building or, at the very least, a certificate of positive town planning which guarantees that the ground is constructible.
• Is necessary it to pass through a notary ?
Not. You can sign this promise either in front of notary, or under private signature, i.e. between you and the salesman. In this last case, the promise must be recorded in the ten days of its signature to the receipt of the taxes of your residence or that of the salesman. The expenses of recording are supported by the purchaser (76,50€ of right fixes more 3€ by page).
The omission of this formality would involve the nullity of the promise. Once the recorded promise, a specimen must be given to the notary who is in charge of the sale as well as the cheque of 10%. And if between the promise and the final act, you change opinion? At the end of the time indicated in the promise, you can either exercise the option, i.e. to reiterate your will to acquire, or to give up.
On this last assumption, the promise cancels itself and you lose your allowance of immobilization except if your renunciation emanates from a condition precedent which was not carried out (not-obtaining the permit building, nonconstructible ground…). How long runs out between the promise and the final act? You pass in the notary to sign the final act approximately three months after the signature of the promise. You then pay the balance of the price and the expenses generated by this acquisition.
The allowance of immobilization that you paid during the signature of the promise charges to the selling price. For do the purchase of a ground, with how much rise the expenses ? Since October 22, 1998, the purchasers of grounds to be built are indebted of a fee registration of 4,89% for which it is necessary to add the expenses of plate (0,09%), that is to say on the whole 4,89% of the price inclusive of tax. With this total general, do not forget to add the emoluments of the notary (about 1% of the purchase price) and the sundries (approximately 1067,50€).
To concretize your purchase-ground You will sign a commitment to sell. In a unilateral promise of sale, the owner engages, during a certain time, to sell his ground with the help of a given price to you. In other words, as long as the time which is offered to you to go purchaser is not expired, the owner cannot yield his ground to someone else.
the other hand, you pour an allowance of immobilization in theory equal to 10% of the selling price (the balance having to be versed at the day of the final act). Do not forget to insert in this contract of the suspensive clauses conditioning the realization of the sale into obtaining the loans, but also with obtaining the permit building or, at the very least, a certificate of positive town planning which guarantees that the ground is constructible.
• Is necessary it to pass in front of a notary ?
Not. You can sign this promise either in front of notary, or under private signature, i.e. between you and the salesman. In this last case, the promise must be recorded in the ten days of its signature to the receipt of the taxes of your residence or that of the salesman. The expenses of recording are supported by the purchaser (76,50€ of right fixes more 3€ by page).
The omission of this formality would involve the nullity of the promise. Once the recorded promise, a specimen must be given to the notary who is in charge of the sale as well as the cheque of 10%.
And if between the promise and the final act, you change opinion ? At the end of the time indicated in the promise, you can either exercise the option, i.e. to reiterate your will to acquire, or to give up.
On this last assumption, the promise cancels itself and you lose your allowance of immobilization except if your renunciation emanates from a condition precedent which was not carried out (not-obtaining the permit building, nonconstructible ground…).
How long runs out between the promise and the final act ? You pass in the notary to sign the final act approximately three months after the signature of the promise. You then pay the balance of the price and the expenses generated by this acquisition.
The allowance of immobilization that you paid during the signature of the promise charges to the selling price. For do the purchase of a ground, with how much rise the expenses ? Since October 22, 1998, the purchasers of grounds to be built are indebted of a fee registration of 4,89% for which it is necessary to add the expenses of plate (0,09%), that is to say on the whole 4,89% of the price inclusive of tax.
With this total general, do not forget to add the emoluments of the notary (about 1% of the purchase price) and the sundries (approximately 1067,50€)
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Pour tous renseignements:
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