6. Local Searches when Buying French Property

1. 6.1. Capacity of the Parties
   6.2. Title Search
   6.3. Pre-emption Rights
   6.4. Planning Enquiries

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6.4. Planning Searches on French Property

The notaire will undertake a local planning search, (called urbanisme), to establish the local planning situation and any known servitudes that may be in existence.

In the case of the purchase of building land or a ruin the notaire will obtain a copy of the planning certificate, called a certificate d’urbanisme, from the local planning authority.

The former is normally sufficient for single dwellings, whilst the latter will be required for two or more properties, and where road access or communal spaces are being created.

If the notaire finds there are planning proposals for the area that alter, in a material way, the setting of the property, then you will be entitled to withdraw from the sale.

There is a health warning about the quality of information you will get on the local planning search. Whilst you can normally expect the notaire and the local planning authority to do their job well, this is not always the case.

Moreover, unless nearby development proposals have a direct impact on the property, they may not be drawn to your attention.

Neither is the notaire likely to be aware of informal servitudes which may exist, and may not be aware of unauthorised alterations or additions carried out to the property that have not been declared to the planning authority. If these unauthorised works later come to the notice of the planning authority (for instance from a later planning application you may make) then you could be obliged to reinstate the property, and/or be liable for a fine.

You should ensure that the sale contract requires that the seller testfies to there being no servitudes on the property, and that all building works have been carried out in accordance with planning regulations.

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