the field division

The division of land is a process often considered by land owners seeking to optimize the value of their property or to carry out separate real estate projects. Whether you want to sell a plot, create several lots for future housing, or even adapt the use of a large space, understanding the division of land is crucial. Beyond its technical nature, it has legal, administrative and financial implications. In this article, we'll explore the different facets of field splitting, from its key steps to its pros and cons, to provide a comprehensive guide for people considering this option.

What is a land division?

A division of land consists of cutting it into several plots. The owner can keep some for his own use or his home and resell the other parts of the land. In this way, he can record gains from this real estate transaction.

Why split land?

Dividing land is a carefully considered decision that generally arises from economic, strategic or practical motivations. Several reasons can lead an owner to take this step:

• Optimization of real estate value: Division can make it possible to make certain land more attractive to potential buyers, particularly if those are looking for a specific area. Thus, instead of selling a large piece of land to a single buyer, the owner can sell several small plots, often at a cumulative price higher than that of the entire land.

• Separate construction projects: By dividing land, it is possible to create lots dedicated to various projects, such as the construction of individual housing, offices, or other infrastructure. This division offers more flexibility in the use of space.

• Transmission of assets: Dividing land can also be a solution when an owner wishes to bequeath different parts of his property to several heirs, thus ensuring an equitable distribution.

• Adaptation to regulatory constraints: In certain cases, division may be necessary to comply with town planning regulations, especially if part of the land is affected by protected areas or easements.

• Financial reasons: Faced with economic needs, selling a portion of your land can generate cash quickly without necessarily separate from the entire property.

• Management of space and privacy: In some cases, division may be considered for privacy or neighborhood reasons. For example, by dividing a piece of land in two, it is possible to sell one part while keeping the other for yourself, thus creating a distance with future neighbors.

The key stages of land division

Land division is a complex process that requires a series of methodical steps. A good understanding of these phases is crucial to ensure the smooth running of the project. Here are the essential steps to dividing up land effectively:

Preliminary study

• Evaluation of the potential of the land: First of all, it is necessary to determine whether the land is divisible in terms of surface area, topography and access.< /p>

• Identification of legal and environmental constraints: Certain land may be subject to town planning restrictions or environmental protections which may limit or prohibit division.

Obtaining the necessary documents

• Cadastral plan: This document provides a precise representation of the land and its boundaries.

• Title title: It confirms ownership of the land and may mention easements or restrictions.

• Urban planning certificate: It provides information on the urban planning rules applicable to the land and can give a first indication of the possibility of dividing.

Consultation with a surveyor

• Importance of the role of the surveyor: This professional is essential to carry out the demarcation, guarantee the precision of the division and ensure the legality of the process.

• Boundaries and delimitation: The surveyor precisely defines the new limits of each plot resulting from the division.

Administrative procedures




• Submission of an application for a planning permit or prior declaration: Depending on the extent of the division and local rules, one of these steps will be necessary.

• Compliance with town planning rules: It is essential to ensure that the project complies with the rules of Local Urban Plan (PLU) or Land Use Plan (POS).




Validation and finalization




• Obtain approval from the town hall or local authorities: Once the documents have been submitted, you will have to wait for official approval before proceeding with the sale or construction.

• Signature of notarial deeds: After validation, the legal finalization is done before a notary who authenticates the division and the new ownership of the land.






The advantages and disadvantages of land division




Land division is a common approach, especially in real estate contexts. However, like any strategic decision, it has advantages and disadvantages that it is essential to weigh carefully before committing to it.




Advantages




• Maximizing value: By dividing land, the owner can often obtain a higher cumulative price than selling in a single block, especially if the market is favorable to small and medium surfaces.




• Flexibility: With several distinct plots, the owner has greater freedom to sell, rent or develop each plot individually according to his needs and ambitions.




• Liquidity: Selling plots can generate cash more quickly than selling a large piece of land, providing the owner with funds to invest or meet financial needs.




• Diversification of risks: By selling or developing several lots separately, the owner can diversify his risks in the event of fluctuations in the real estate market.




Disadvantages




• Administrative complexity: Dividing land often involves a series of administrative procedures which can be lengthy and costly, including obtaining the necessary permissions and compliance with town planning standards.




• Initial costs: Before the plots can even be sold or developed, the owner must often incur costs for demarcation, preliminary studies, construction fees, professionals, etc.




• Potential disputes: The demarcation of new boundaries can sometimes lead to disagreements or disputes with neighbors or future buyers.




• Environmental impact: Division can increase pressure on local resources, such as water or drainage systems, and can also fragment habitats natural.




In conclusion, although the field division can offer many financial and strategic advantages, it must be approached with caution. Thorough study, careful planning, and professional consultation can help maximize benefits while mitigating potential downsides.

Pacs, marriage, divorce: what impact on the division of land?

The field division, although primarily seen from a technical or economic perspective, can also be influenced by personal and legal situations. The marital or partnership status of land owners can have a significant impact on the division. Here is an overview of these implications:



Pacs




• Joint ownership: If land is acquired while the partners are under a PACS regime with an undivided ownership clause, the division of the land will require the agreement of both partners.

• Separation: During a breakdown of PACS, if the land is in joint ownership, its division can be considered as a means of separating the assets without having to sell the land.




Wedding




• Matrimonial regime: Depending on the matrimonial regime chosen (legal community, separation of property, etc.), the division of land may require the consent of both spouses or only of the one who is the owner.

• Protection of family housing: Even in the regime of separation of property, if the land is the place of main residence, the sale or division will require the agreement of both spouses.

• Succession: In the case of a death, if the land is part of the community, its division can be considered to distribute the inheritance between the heirs.




Divorce




• Liquidation of the matrimonial regime: During a divorce, the division of the land can be a solution to avoid selling the property and sharing the proceeds of the property. sale. This allows each party to have their own plot.

• Childcare: If the land has a main residence and an annex (like a guest house), its division can allow each parent to have a nearby space for alternating childcare.

• Tax consequences: The division of land in the context of a divorce must be carried out taking into account possible tax consequences, particularly with regard to real estate capital gains.

Practical tips for successful division

Field division is a project that, although potentially lucrative, has its share of complexities. To successfully complete this project, here are some practical tips to consider:



• Consult experts: Call on a surveyor for demarcation, a notary for legal aspects and, if necessary, a lawyer specializing in law of town planning. Their expertise will help you avoid costly mistakes and save time.




• Study the local real estate market: Before dividing, find out the demand for lots of the size you are considering. This will give you a better idea of the potential profitability of your project.




• Anticipate costs: In addition to division costs, other costs, such as utility connections or access arrangements, may arise . Make sure you have an overview of upcoming expenses.




• Find out local regulations: Each municipality may have its own rules regarding land division. Make sure you understand local requirements to avoid delays or refusals.




• Plan for the long term: Even if your initial motivation is to sell quickly, think about the future. How might the divided land be used in 5, 10 or 20 years? This long-term view may influence your decision to divide in certain ways rather than others.




• Communicate with your neighbors: Inform your neighbors of your intention to divide. They will appreciate being kept informed, and this could prevent possible disputes or misunderstandings.




• Consider the environmental impact: Consider how the division will affect the local landscape, waterways and wildlife. An environmentally friendly approach can not only benefit nature, but also add value to your land in the eyes of potential buyers.




• Stay flexible: Even with meticulous planning, unforeseen circumstances can arise. Stay open to adjustments along the way to ensure the success of your project.




In short, field division is a process that requires careful planning, in-depth knowledge of regulations and a good dose of patience. By following these tips and surrounding yourself with competent professionals, you will maximize your chances of carrying out this ambitious project.



You would like more information on this subject and invest in real estate in Bordeaux?  Do not hesitate to contact a specialized consultant from our real estate agency in Bordeaux.