Specific Development Plan (SDP): Objectives, content and implementation

Continuing our exploration of development plans, we now turn to the Specific Development Plan (SDP). In this article, we will introduce you to the essential aspects of the SDP, with a focus on land subdivision, social and affordable housing, and the key steps in its implementation.

I. Land Subdivision and the "NQ" SDP

The SDP "NQ" establishes the rules for land use planning and subdivision, with the exception of activity zones and special zones. The demarcation of lots and parcels is an integral part of the SDP "NQ" and cannot be changed without an SDP amendment procedure. It is important to note that in Special Development Plans with more than 25 dwelling units, at least 10% of the gross built-up area must be reserved for low-cost housing in accordance with the Housing Subsidy Act. It is necessary to clearly indicate in the written part of the SDP which plots are concerned.

II. Subsidized and Affordable Housing:

The SDP has specific requirements for subsidized and affordable housing. For specific development plans with between 10 and 25 dwelling units, 10% of the gross development area must be reserved for the creation of affordable housing. For plans with more than 25 units, this percentage is increased to 15%. In addition, in the case of rezoning to residential or mixed use, the percentages can be even higher. In exchange for the reservation of these dwellings, an increase of 10% in the degree of use of the project is authorized on the area reserved exclusively for housing.

III. Implementation of the SDP:

1. Interim easement during the plan adoption process:

During the adoption process of the SDP, certain restrictions apply. Any alteration of land boundaries for building purposes, construction or repair contrary to the provisions of the draft SDP and any non-conforming works are prohibited. Only conservation and maintenance works are permitted during this period.

2. Deeds and promises to sell:

Deeds and promises of sale, as well as any publicity relating to these transactions, must mention the date of the ministerial approval of the Special Development Project. No promise of sale or publicity may be made prior to the approval of the SDP.

3. Mayor's Certificates:

In the case of the establishment of new boundaries of a property or the transfer of a property right, a certificate of compliance with the SDP must be issued by the Mayor. This certificate is obligatory and must be mentioned in the This certificate is obligatory and must be mentioned in the subsequent deeds for the new transfer of the real estate right.

4. The transfer of the land and the construction project:

a) Transfer of land:

The "NQ" SDP provides for the free transfer of land necessary for the viability of the plan. However, if the transfer exceeds 25% of the total area covered by the SDP, the parties can agree on the conditions of the transfer in the SDP agreement. The owner must compensate the municipality for any area transferred below 25%.

b) Implementation plan:

The Execution Plan is an essential technical document for the realization of the road and public utilities works of the SDP. It contains the necessary technical plans and a detailed estimate of the cost of these works.

The Specific Development Plan (SDP) provides a clear regulatory framework for urban planning and land subdivision. It plays a key role in the development of social and affordable housing. By understanding the requirements and procedures associated with the SDP, those involved in urban development can contribute to the creation of harmonious and accessible neighborhoods. The implementation of the SDP requires close cooperation between the municipality, property owners and developers to ensure sustainable and balanced urban development.