Special Development Plan: A legal framework for harmonious urban development!

The Special Development Plan (SDP) is an essential urban planning tool that aims to regulate and frame the development of neighborhoods and specific areas within a municipality. It lays down the general rules for urban planning, layout, building size and the development of public and private spaces. In this article we will look in detail at the concept of the SDP, its objectives and definition, and its importance in creating attractive and sustainable neighborhoods.

The SDP: Aims and Definition

The primary purpose of the Special Development Plan (SDP) is to structure urban development in specific areas of a municipality. It complements and implements the regulatory provisions of the General Development Plan (GDP) by detailing the rules and regulations governing urbanization and development in a particular zone or part of a zone.

The SDP generally covers areas already urbanized or planned for urbanization, with the exception of green zones and areas already covered by a Land Use Plan (LUP), which exempts them from the preparation of an SDP. The SDP is prepared through an adoption procedure that includes a public consultation, which allows the population and interested parties to express their opinions and contribute to the urban development plan.

The SDP is composed of a series of dimensional prescriptions, written and/or graphic, which complement each other. In particular, it defines urbanization, i.e. the urban fabric, by establishing rules and standards for the location and size of buildings, as well as the layout and development of public and private spaces. By promoting a mix of functions, the SDP contributes to the attractiveness and quality of the neighborhoods concerned.

The two forms of SDP: QE and NQ

The Special Development Plan is presented in two different forms, depending on the urban fabric it covers: the "QE" SDP and the "NQ" SDP.

1. SDP "QE" (Existing Neighborhood)

The "QE" SDP is an essential tool for integrating new buildings and their surroundings into an existing built fabric. It lays down urban planning rules that take account of the essential characteristics of the existing built fabric. This type of SDP is prepared on the initiative of the municipality and can only be modified by the municipality, without the need for a mandate from the owners. It is drawn up in parallel with the PAG and can be carried out by a qualified person or a craftsman. The SDP "QE" allows the owners of building plots in an existing neighborhood to develop their architectural project more quickly and to request their architectural project and apply directly for a building permit, thus saving a considerable amount of time.

2. SDP "NQ" (New Neighborhood)

The SDP "NQ" concerns a group of plots of land that are not yet built on or that require restructuring of the existing built fabric. It is based on the objectives set out in the PAG preparatory study, also known as the "Master Plan". The "NQ" SDP offers greater freedom to the developer, but is prepared either on the initiative of the municipality/state or on the initiative of the landowners or their agents. It is prepared by a qualified town planner or developer and allows the development of the public and private domain, including the servicing of the land, to be defined in detail. Depending on the size of the project, the NQ SDP may include specific provisions for subsidized and affordable housing, thus promoting social diversity in the neighborhood.

Land subdivision within the SDP

Within the framework of the SDP, it is possible to carry out land subdivision, which consists in dividing one or more plots into several lots intended for building. Subdivision is decided by the local council and published in the town hall. It should be noted that the subdivision of a plot in an existing neighborhood does not require an amendment to the SDP "QE", unlike the SDP "NQ". Municipalities may set conditions for granting such subdivision.

Measures to promote subsidized and affordable housing

The legislator has made special provisions to promote the creation of subsidized and affordable housing in construction projects under the SDP.

1. Subsidized housing

For each "NQ" SDP providing for a number of dwellings greater than 25 units, at least 10% of the gross built area dedicated to housing must be reserved for the construction of low-cost housing. These dwellings are intended for persons eligible for the construction or acquisition premiums provided for in the law on housing assistance. The conditions and prices for the sale or rental of these dwellings are set out in an agreement provided for in Article 36 of the Act. It is important to specify in the documentation which parcels are concerned and to advise on the distribution of these dwellings throughout the project in order to promote social mix.

2. Affordable Housing

The legislator has also put in place measures to encourage the creation of affordable housing. Depending on the size of the project, a percentage of the gross built area must be reserved for affordable housing. For "NQ" SDPs between 10 and 25 housing units, 10% of the gross built area must be reserved. For "NQ" SDPs with more than 25 housing units, this percentage is increased to 15%. In the case of reclassification of zones to residential or mixed zones in the GAP, these percentages may be increased. In return, a 10% increase in the land use level of the project is permitted, but only on the portion reserved exclusively for housing and for owners involved in a transfer of funds reserved for affordable housing. These provisions are intended to promote access to affordable housing for a large segment of the population.

Implementation of the SDP: Agreement, Building Permit, Regulations

The implementation of the SDP requires the establishment of various mechanisms and procedures to ensure compliance with the rules and requirements.

1. The agreement between the municipality and the project initiator

Before building permits are issued, an agreement must be concluded between the municipality and the project initiator. This agreement sets out the terms and conditions for carrying out the servicing work, the financing of the work, the deadlines for completion, any compensatory measures, and includes the terms and conditions for the provision of low-cost housing. The agreement, together with the execution project, is submitted to the vote of the municipal council and then to the Minister for approval. If the work has not begun within the set period, the agreement lapses, but the period may be extended by decision of the college of burgomasters and aldermen.

2. Building permit

The building permit is issued by the mayor and is subject to several conditions. The project must comply with the PAG, the SDP "NQ" or "QE", as well as the regulations on buildings, public roads and sites issued by the municipality. The building permit lapses if the work has not been significantly started within one year, but two extensions of one year each may be granted upon written request. A certificate issued by the mayor must be posted on the construction site, indicating the period of appeal against the permit and allowing the public to consult the plans and information at the town hall.

3. The regulation on buildings, public roads and sites

Each municipality is obliged to issue a regulation on buildings, roads and sites. These regulations relate to the soundness, safety, health, durability and convenience of the public domain, sites, constructions, buildings and installations and their respective surroundings. It may also define the procedures for the issuance of building permits, including renovation, construction or reconstruction.

The Special Development Plan (SDP) plays a crucial role in urban planning and development. By regulating urbanization, construction, and the development of public and private spaces, the SPP contributes to the creation of harmonious, sustainable and attractive neighborhoods. By encouraging social diversity and promoting the creation of subsidized and affordable housing, the SDP meets the population's housing needs. The procedures for developing the SDP, the agreements with project initiators and the building permits guarantee compliance with the rules and regulations set, thus ensuring coherent and balanced urban development for the well-being of all the inhabitants of a municipality.

Here is a series of 20 questions for a multiple choice quiz:

What is a Specific Development Plan (SDP)?

a) A regulatory document for the construction of public buildings.
b) A plan for the development of green spaces in a municipality.
c) An urban plan for the creation of a new neighborhood.
d) A local economic development program.

Answer: c) An urban plan for the creation of a new neighborhood.

What is the main purpose of a LDP?

a) To regulate the location of road infrastructure.
b) To define the rules for the construction of industrial buildings.
c) To set standards for the sustainable development of a neighborhood.
d) Establish the rules for urban planning and development of public and private spaces.

Answer: d) Establish urban planning and development rules for public and private spaces.

What dimensional requirements are typically included in an SDP?

a) Maximum building heights.
b) Building to building distances.
c) Green space requirements.
d) All of the above

Answer: d) All of the above.

What is the process for adopting a SDP?

a) A public inquiry followed by ministerial approval.
b) Consultation with affected landowners.
c) A unilateral decision by the mayor of the municipality.
d) A vote by the municipal council followed by validation by the prefecture.

Answer: a) A public inquiry followed by ministerial approval.

What is a subdivision of land?

a) The division of a parcel of land into several lots intended for construction.
b) The provision of green space in a residential area.
c) The allocation of land for agricultural purposes.
d) The extension of an existing industrial zone.

Answer: a) The division of a parcel of land into several building lots.

What is special about subsidized housing in a SDP?

a) They are reserved exclusively for seniors.
b) They benefit from reduced rental or purchase rates.
c) They must meet strict energy efficiency criteria.
d) They are located exclusively in new neighborhoods.

Answer: b) They have reduced rental or purchase rates.

What percentage of the gross building area must be reserved for low-cost housing in a "NQ" SDP?

a) 5%
b) 10%
c) 15%
d) 20%

Answer: b) 10%.

What is a temporary easement in the context of the adoption of an SDP?

a) A temporary restriction on construction in a given area.
b) A limitation on the ownership of land included in the LAP.
c) A requirement to create temporary green space in a new neighborhood.
d) A prohibition on boundary changes during the adoption process.

Answer: d) A prohibition on boundary changes during the adoption process.

What is the Mayor's Certificate for an SDP?

a) An official document confirming the conformity of the work carried out with the SDP.

b) A certificate allowing construction work to be carried out without prior authorization.

c) A financial commitment from the municipality for the development of the neighborhood.

d) An agreement between the owner and the municipality for the transfer of land necessary for the viability of the plan.

Answer: a) An official document confirming the conformity of the work carried out with the SDP.

What is the Buildings, Roads and Sites Regulation (BSR)?

a) A set of rules governing the construction and maintenance of public buildings.

b) A legal document relating to the management of the municipality's real estate assets.

c) A set of safety and quality rules for road works.

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d) A municipal regulation concerning the solidity, safety and health of buildings and public spaces.
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Answer: d) A municipal regulation concerning the soundness, safety and healthiness of buildings and public spaces.

What authorizations are required for construction work subject to an SDP?

a) A prior authorization from the Minister of Urban Planning.

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b) A declaration to the prefecture.
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c) A building permit issued by the mayor.

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d) No authorization is required.
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Answer: c) A building permit issued by the mayor.

How long does a building permit expire?

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a) 6 months.
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b) 1 year.
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c) 2 years.
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d) 5 years.
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Answer: b) 1 year.

What is the consequence of not complying with the provisions of the Buildings, Highways and Sites By-law?

a) A fine for the owner of the building.

b) The nullity of the deed of sale or lease of the building.

c) Exclusion from road works and public facilities.

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d) An obligation of civil reparation towards the municipality.
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Answer: b) The nullity of the deed of sale or lease of the building.

What is the role of the agreement concluded between the municipality and the initiator of the project in a "NQ" SDP? a) To determine the terms and conditions for the transfer of the land necessary for the viability of the plan. b) To determine the rental or purchase rates for low-cost housing. c) To establish the conditions for the realization of road works and public facilities. d) Specify the terms and conditions for the issuance of building permits.

Answer: c) Establish the conditions for the construction of roads and public facilities.
What is an implementation plan for a SDP?

a) A document describing the steps to be taken to carry out the road works.

b) A detailed estimate of the cost of servicing.

c) A technical plan indicating the locations of the future buildings.

d) An environmental impact report for the new neighborhood.

Answer: a) A document describing the stages of the roadworks.

What is the content of a Buildings, Roads and Sites By-law?

a) The criteria for the allocation of subsidized housing.

b) Traffic regulations for the new neighborhood.

c) Construction standards for industrial buildings.

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d) The soundness, safety and health regulations for buildings and public spaces.
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Answer: d) Soundness, safety and health regulations for buildings and public spaces.

What are the conditions for obtaining a building permit under an SDP?

a) The conformity of the project with the GAP and the SDP.

b) A building permit must be obtained first.

c) Compliance with energy efficiency requirements

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d) Payment of compensation to the municipality.
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Response: a) The conformity of the project with the GAP and the SDP.

What is the role of posting the certificate issued by the mayor on a construction site?

a) To inform passers-by of the work in progress.

b) To promote the construction project to the public.

c) To indicate the deadlines for completion of the work.

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d) Inform about the period of appeal against the building permit.
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Answer: d) Provide information on the appeal period for the construction permit.

What is the maximum extension of time for the expiration of a building permit?

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a) 6 months.
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b) 1 year.
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c) 2 years.
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d) 5 years.
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Answer: b) 1 year.

What is a land subdivision?

a) The division of a parcel of land into several lots for building purposes.

b) The provision of green space in a residential area.

c) The allocation of land for agricultural purposes.

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d) The extension of an existing industrial zone.
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Answer: a) The division of a parcel of land into several building lots.