Selling one half of property

[Lynn Kitson]

We own a house and a semi converted barn.  Does anyone know the legal issues potential involved in selling the house (which we live in at the moment as our main residence) and some of the land but keeping the barn which we are renovating?  Each building has its own fosse septic.

We are French residents and pay tax here, have done for the past 4 years and have owned the property for 6 years.  Any information gratefully received.

Lynn

[pachapapa]

I suggest you go to your mairie and consult the PLU for zonage, this check may also indicate if the proposed division will run into problems with respect to the COS and ulmtimately the SHON. Not forgetting that there are two proposed residential buildings so there may not be much leeway as the two SHONs may in effect be predetermined.  A division of land will require a Declaration Préalable and eventually the intervention of a Geometre Experte for the establishment of bornes. It may be possible to reduce the cadastral exercise if the existing "parcelles" have a favourable disposition to the proposed division of land. Be careful that there is enough land available for each property to have sufficient land after division; this is not a question of individual tastes but is governed by the Code d'urbanisme; if the land area is of limited size you may find yourself with insufficient area to continue with the partially renovated barn as an entity on it's own.

P.S. Nothing to do with the OP but division into three or more = lotissement....and that is a much more complicated ball game; for example a further later division of either of the two properties would count as a lotissement; if I remember correctly there is a 10 year limit on that rule.

 

[Lynn Kitson]

Thank you for your reply. Could you tell me what a COS and an SHON are please. We do have enough land for both so that is one thing less to think about!

Lynn

[pachapapa]

[quote user="Lynnk"]Thank you for your reply. Could you tell me what a COS and an SHON are please. We do have enough land for both so that is one thing less to think about! Lynn[/quote]

COS= coefficient occupation sol. http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006074075&idArticle=LEGIARTI000006817130&dateTexte=20100813

SHON=surface hors oeuvre nette which is derived from the SHOB=surface hors oeuvre brute. http://vosdroits.service-public.fr/particuliers/F2868.xhtml