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Reader Question: I am considering having a house built in France. What are the main points to bear in mind?

France imposes a strong regulatory framework over the planning process, with a view to protect local environments, and to ensure that buildings are constructed to suitable standards. Inevitably, this imposes a procedural burden on anyone looking to build a new home.

If you own a plot of land already, you will first need to check if it is capable of construction. Enquiries can be raised with the local authority about the planning zone. Some areas will be designated as not being capable in principal of having anything built on them, while some will be in urban or development zones. 

Even where construction is permitted, it is likely that the construction density coefficient will designate the maximum size of the building that could be situated on any given plot of land.

If you are buying a plot of land with a view to building on it, you will want to ensure that the contract confirms if planning permission is already granted, or if the contract is conditional upon permission being obtained.

Read more: Hidden defects cause legal row for â‚¬1 house in France

Selling off plots

A common scenario is for a developer to sell off plots of land on a Lotissement, in which a larger plot of land is subdivided for sale. In such a situation, the developer will already have obtained permission in principle for the construction, and will also have agreed other criteria such as construction of a new road, or provision of services and utilities. 

There is also likely to be a book of rules setting out matters such as design and construction criteria, and any future obligations to landscaping of any shared areas and so on.

You may buy from a building company, in a land purchase and house construction agreement. In this format, you agree to the seller carrying out the construction work as well, following completion of the purchase.

Whether you are signing up to such a land purchase and construction agreement (known as a Contrat de Construction de Maison Individuelle) or entering into a separate agreement with a builder for the construction, it is important to obtain a copy of their ten-year construction insurance. You should be aware that as owner you responsible for the work, along with the developer if you sell within ten years of completion.

Building regulations are complex and you should engage suitable architects and lawyers.

Matthew Cameron is a partner with French Law specialists