Special Development Plan: Objectives, Content and Implementation

Following our exploration of development plans, we now turn to the Plan d'aménagement particulier (PAP). In this article, we will introduce you to the essential aspects of the PAP, focusing on land subdivisions, subsidized and affordable housing, as well as the key stages of its implementation.

I. Land subdivision and PAP "NQ":

The PAP "NQ" establishes the town planning and land subdivision rules, with the exception of business zones and special zones. The demarcation of lots and plots is an integral part of the PAP "NQ" and cannot be modified without a PAP modification procedure. It is important to note that for Plans d'aménagement particulier providing for more than 25 housing units, at least 10% of the gross floor area must be reserved for the creation of moderate-cost housing, in accordance with the housing assistance law. It is necessary to clearly indicate in the written part of the PAP which lots are concerned.

II. Subsidized housing and affordable housing:

The PAP imposes specific requirements regarding subsidized and affordable housing. For Plans d'aménagement particulier comprising between 10 and 25 housing units, 10% of the gross floor area must be reserved for the creation of affordable housing. For plans comprising more than 25 housing units, this percentage is increased to 15%. Furthermore, in the event of the rezoning of areas into residential or mixed-use zones, the percentages can be even higher. In exchange for reserving these housing units, a 10% increase in the project's degree of land use is authorized on the area reserved exclusively for housing.

III. Implementation of the PAP:

1. Provisional easement during the plan adoption procedure:

During the PAP adoption procedure, certain restrictions are in place. Any modification of land boundaries with a view to allocating them for construction, any construction or repair contrary to the provisions of the draft PAP, as well as any non-compliant works, are prohibited. Only conservation and maintenance works are authorized during this period.

2. Deeds of sale and preliminary sales agreements:

Deeds of sale and preliminary sales agreements, as well as any advertising relating to these transactions, must mention the date of the ministerial approval of the draft Plan d'aménagement particulier. It is prohibited to enter into preliminary sales agreements or to advertise prior to the approval of the PAP.

3. Certificates from the Mayor:

In the event of establishing new boundaries for a land property or the transfer of a real estate property right, a certificate confirming compliance with the PAP is issued by the mayor. This certificate is mandatory and must be mentioned in subsequent deeds involving a new transfer of the real estate property right.

4. Cession of land and the execution project:

a) Cession of land:

The PAP "NQ" provides for the free cession of land necessary for the viability of the plan. However, if the cession exceeds 25% of all the land encompassed by the PAP, the parties may reach an agreement on the terms of the cession in the PAP agreement. The owner must compensate the municipality for any area ceded below the 25% threshold.

b) Execution project:

The execution project is an essential technical document for carrying out the roadworks and public utility works of the PAP. It includes the necessary technical plans, as well as a detailed cost estimate for these works.

The Plan d'aménagement particulier (PAP) provides a precise regulatory framework for town planning and land subdivision. It plays a key role in the creation of subsidized and affordable housing. By understanding the requirements and procedures related to the PAP, the stakeholders involved in urban development can contribute to the creation of harmonious and accessible neighborhoods. The implementation of the PAP requires close cooperation between the municipality, property owners, and developers to ensure sustainable and balanced urban development.