29 July 2026.

From 28 September 2026, the fact that a land subdivision is located in a protected heritage area will no longer, by itself, make a French development permit (permis d’aménager) compulsory.

A decree dated 27 July 2026 shifts the focus to the actual features of the project. The required procedure will principally depend on whether roads, spaces or facilities shared by several building plots are to be created or developed.

What is changing?

Previously, a subdivision located within a remarkable heritage site, near a listed historic monument, or within a listed site or a site awaiting classification was generally subject to a development permit, even if it involved no shared roads or facilities.

For applications filed from 28 September 2026, location in such a protected area is removed as a standalone criterion under Article R. 421-19 of the French Planning Code. A development permit will remain required where the subdivision provides for:

shared roads;
shared spaces; or
facilities serving several building plots and belonging specifically to the subdivision, where the developer is responsible for delivering them.

Which projects may only require a prior declaration?

Where none of these shared works is planned, the subdivision will in principle be subject to the lighter prior-declaration procedure under Article R. 421-23, even when it is situated in a protected area.

This may include:

divisions creating only one building plot;
subdivisions requiring no infrastructure works;
projects involving facilities that are not shared by several building plots.

The reform simplifies the procedural route, but it does not remove the other rules applying to the land. Heritage protection may still affect the review process, the opinions or approvals required, and the design of any future buildings.

The effective date matters

The amended rules apply to planning applications filed on or after 28 September 2026. The filing date is therefore decisive: an earlier application remains governed by the rules applicable when it was submitted.

Checks to carry out before dividing land

Before dividing land for construction, the following points should in particular be reviewed:

the number and intended use of the plots created;
whether shared roads, spaces or utility infrastructure are required;
who will be responsible for delivering those facilities;
any heritage or environmental protections affecting the site;
the local planning rules and easements; and
the procedure applicable on the date the application is filed.

A prior declaration is a lighter procedure, but it does not make the development free from planning constraints. Incorrectly classifying the application may delay the project and undermine subsequent sales of the plots.

Official sources

The notarial office does not contractually guarantee the accuracy or currency of this information. For advice on how it applies to your circumstances, please consult a notary at our office.