Dividing a plot in France: prior declaration or permit?

Division or subdivision: what the code says

The Planning Code defines a lotissement broadly: “the division, in ownership or in use, of one land unit or several contiguous land units with the aim of creating one or more lots intended to be built on” (art. L442-1). Detaching a single building plot from your garden therefore already constitutes a lotissement within the meaning of the code.

Two regimes follow from this:

• a development permit for subdivisions “that provide for the creation or development of roads, spaces or facilities shared by several lots intended to be built on and specific to the subdivision” (art. R*421-19, a);
• a prior declaration for other subdivisions (art. L442-3 and R*421-23, a).

Article R*421-19 was amended by decree no. 2026-674 of 27 July 2026. Its new provisions apply to applications filed from 28 September 2026, according to the note published on Légifrance. For an application filed after that date, have the applicable regime confirmed by the planning department of your mairie (town hall).

Which authorisation for your project?

In all cases, check the PLU (plan local d’urbanisme, local development plan): it may limit the number of lots, impose a minimum area or distances from boundaries (F37932). A building authorisation does not count as authorisation to divide: the division must be the subject of a separate application (F37932).

Protected areas. Article L115-3 allows a municipality to make voluntary divisions not subject to a development permit subject to prior declaration, in certain areas. It may object if the division is likely to seriously compromise the natural character of the area, the quality of the landscape or ecological balance. A division made in breach of this rule may be annulled for five years after publication of the deed.

Processing times (art. R*423-23): one month for a prior declaration, three months for a development permit.

Boundary marking by the géomètre-expert

Before applying for authorisation, service-public.gouv.fr says you must call on a géomètre-expert. They carry out the bornage (boundary marking) of the plots and draw up a document modificatif du parcellaire cadastral (DMPC, document amending the cadastral parcel map) to update the cadastre (land register) (F37932).

Bornage fixes and physically marks the boundary between two properties. The géomètre-expert examines the title deeds, places the boundary markers and draws up a procès-verbal de bornage (boundary report) with a plan. Once signed by both neighbours, this report can no longer be contested (F3037). “Any owner may require their neighbour to have the boundaries of their adjoining properties marked. Boundary marking is carried out at shared cost” (code civil, the Civil Code, art. 646). The cadastre, for its part, does not guarantee the actual boundaries (F3037).

Boundary marking also affects the sale. Any promesse (preliminary contract) or contract for the sale of a plot intended for a dwelling must state whether its description “results from a boundary survey”. For a subdivision lot, this statement is compulsory (Planning Code, art. L115-4).

Selling the plots: subdivision rules

Subdivision under a development permit. “No promise to sell or let a plot located in a subdivision may be granted and no deposit may be accepted before the development permit is issued” (art. L442-4). Once the permit has been obtained, only a promesse unilatérale (unilateral option to sell) may be signed. The plot sold must be buildable, serviced and delimited by a boundary deed (F2484). The lotisseur (land developer) gives the buyer the subdivision’s règlement (rules) and cahier des charges (specifications) (F2073).

Subdivision under a prior declaration. A unilateral option to sell may be signed before the décision de non-opposition (decision not to object). The plot must have its boundaries marked (F2073).

Penalty. Selling or letting plots in a subdivision without the required authorisation, or without complying with its requirements, is punishable by a fine of €15,000 (F2484).

Stand-alone plot. Outside a subdivision, it may be sold without being serviced or having its boundaries marked (F2073).

If you sell a plot, the notary registers the division with the service de la publicité foncière (land registry). If you keep the plots, this step is not compulsory (F37932).

Taxes

The division changes your property taxes. Buildings that follow a division, or subdivision development works, give rise to the taxe d’aménagement (development tax) and, where applicable, the taxe d’archéologie préventive (preventive archaeology tax) (F37932).

Which professional to consult

The géomètre-expert (chartered land surveyor) marks out the plots’ boundaries and draws up the DMPC before the authorisation application (F37932). The notaire (notary) drafts the preliminary contract and then the deed of sale, and registers the division. To set the price of a building plot, the agent immobilier (estate agent) knows the land sales in the area. See also our guides on achat d’un terrain (buying a plot of land) and on the taxe d’aménagement (development tax).