Promise to sell land in a subdivision

Verified 09 May 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The creation of a subdivision is subject to planning permission or prior notification. When land is marketed, only the seller is firmly committed. He signs a unilateral promise of sale. Some of the terms of this promise differ depending on the city planning authorization obtained. We are taking stock of the situation.

Where a subdivision project provides for the creation or fitting-out of common roads, spaces or equipment, it shall be subject to a development permit. This is also the case for a subdivision located in the following areas:

  • Marking Heritage Site Perimeter
  • Historical monuments approaches
  • A classified site or a site that is pending classification.

If the subdivision project is not subject to this authorization, regardless of the number of lots (i.e. the number of lots from the division), it must be subject to an preliminary declaration of works.

Planning Permit

No Promise to Sell can not be signed and no deposit can be requested before the development permit.

The land can be sold from the date of issue of the development permit.

Seller signs a unilateral promise of sale in which he undertakes to sell a plot of land on predetermined terms. This promise opens a purchase option for the purchaser.

The unilateral promise of sale is binding only on the seller. The purchaser remains free to purchase the land or not.

Content of the promise to sell

The sales promise must contain the following information:

  • Consistency of the ground, constructible floor area
  • Delimitation of the land from a bounding
  • Land delivery time
  • Sales price
  • Method of financing
  • Suspensive conditions of loan
  • Mortgages and easements that weigh on the ground
  • Condition suspending the award of a building permit, absence of third-party remedy
  • Option Period (Purchaser's Purchase Decision by Mail RAR: titleContent or before the notary in charge of the sale)
  • Time limit for fulfillment of each suspensive condition contained in the promise
  • Any time allowed after the option is lifted to sign theauthentic bill of sale.

Diagnostics

The following diagnostics are appended to the promise:

Mandatory Subdivision Documents

  • Planning Permit
  • Specification which lays down the conditions of sale
  • Subdivision by-law
  • Statutes of the free trade union association that è common spaces and equipment.

The seller can ask the buyer for a fixed asset allowance. It is paid in return for the seller's commitment to sell the land exclusively to the purchaser named in the promise.

The indemnity is paid on the day of the signature of the promise to sell. It can't go beyond 5% the selling price.

It is recorded in a blocked account until the conclusion of the contract of sale.

If the purchaser withdrawsthe compensation shall be returned to him within 21 days of the day following the date of such withdrawal.

If the suspensive conditions are not carried out, the compensation shall be paid within three months.

If the beneficiary of the promise renounces to buy after the withdrawal period or the period of withdrawal, the compensation shall be retained by the owner.

When option is lifted (buyer's purchase decision), the amount paid becomes down payment on the selling price to be paid.

Please note

Payment of a capital allowance for 5% minimum is required when the promise to sell signed by a natural person has a duration of more than 18 months. It is paid to the notary responsible for the sale.

The promise can be signed under one of the following 2 forms :

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Act under private seal

2 original copies of the unilateral promise of sale are signed (1 for the seller, 1 for the buyer), unless a unique original is kept by a professional (notary, real estate agent).

To authenticate the promise, it must be registered within 10 days of signature, at the registration office the seller's or buyer's taxes.

The promise is deposited at the registration service or sent by simple mail or RAR: titleContent. This registration costs €125.

The promise of sale must be notified to the buyer by letter RAR: titleContent or hand-delivered.

Authentic instrument

L'authentic instrument signed by the seller is established by a notary.

FYI  

An authentic instrument is always required for a promise of sale signed by a natural person with a period of validity exceeding 18 months.

The promise of sale must be notified to the buyer by letter RAR: titleContent or hand-delivered.

The possibility of retracting is different depending on whether you are a seller or a buyer:

Seller

The seller can't retract.

Buyer

The buyer may withdraw. He has a 10-day period for notify his retraction to the seller.

This period shall start on the day following 1re presentation of the letter RAR: titleContent notifying the promise to sell or to hand.

If the last day of the withdrawal period is a Saturday, a Sunday, a public holiday or unemployed person, the time limit shall be extended to 1er working day next.

The withdrawal must be notified to the seller by letter RAR.

If the purchaser withdraws, thefixed asset allowance which he had paid shall be returned to him within 21 days of the day following the date of that withdrawal.

Warning  

The withdrawal period applies only to land for which the seller has received a development permit.

In principle, the promise provides for and fixes the following deadlines:

  • Typical 3-month period to lift the option (buyer's decision to purchase the property)
  • Time limit for completion of all or each of the suspensive clauses (e.g. 2 months for a building permit)
  • Deadline for signing the authentic bill of sale after the option is lifted.

The promise may provide for a extension automatic in case of insufficient initial time, for a delay due to difficulties in obtaining certain documents.

Before the end of the period set out in the promise, the two parties may also decide to extend it. They're writing a agreeable the contract in which they specify the purpose of that extension.

The date of signature of the bill of sale is thus shifted.

Please note

In the departments of Moselle, Bas-Rhin and Haut-Rhin, the promise of sale must be followed by an authentic bill of sale within 6 months. The parties may not agree to a longer period.

Advance Declaration

Before obtaining the certificate of non-opposition to the prior declaration from the town hall, the seller can sign a unilateral promise of sale.

Please note

L'final bill of sale is signed after the decision not to oppose the prior declaration of the mayor.

Seller signs a unilateral promise of sale in which he undertakes to sell a plot of land on predetermined terms. This promise opens a purchase option for the purchaser.

The unilateral promise of sale commits only the seller, the buyer remains free to purchase or not the land.

The promise provides for a suspensive condition of non-opposition to the prior declaration. This means that if the city council makes a decision opposing the subdivision project, the promise is canceled.

Content of the promise to sell

The sales promise must contain the following information:

  • Consistency of the ground, constructible floor area
  • Delimitation of the land from a bounding
  • Sales price
  • Method of financing
  • Suspensive conditions for loans
  • Mortgages and easements that weigh on the ground
  • Condition suspending the award of a building permit, absence of third-party remedy
  • Option Period (Purchaser's Purchase Decision by Mail RAR: titleContent or before the notary in charge of the sale)
  • Time limit for fulfillment of each suspensive condition contained in the promise
  • Any time allowed after the option is lifted to sign theauthentic bill of sale.

Diagnostics

The following diagnostics are appended to the promise:

Mandatory Subdivision Documents

  • Specification which lays down the conditions of sale
  • Subdivision by-law.

The seller can ask the buyer for a fixed asset allowance. It is paid in return for the seller's commitment to sell the land exclusively to the purchaser named in the promise.

The indemnity is paid on the day of the signature of the promise to sell. It can't go beyond 5% the selling price.

It is recorded in a blocked account until the conclusion of the contract of sale.

If the suspensive conditions are not carried out, the compensation shall be paid within three months.

If the beneficiary of the promise renounces to buy after the period for which the option has been waived, the compensation shall be retained by the owner.

When option is lifted (buyer's purchase decision), the amount paid becomes down payment on the selling price to be paid.

Please note

Payment of a capital allowance for 5% minimum is required when the promise to sell signed by a natural person has a duration of more than 18 months. It is paid to the notary responsible for the sale.

The promise can be signed under one of the following 2 forms :

Répondez aux questions successives et les réponses s’afficheront automatiquement

Act under private seal

2 original copies of the unilateral promise of sale are signed (1 for the seller, 1 for the buyer), unless a unique original is kept by a professional (notary, real estate agent).

To authenticate the promise, it must be registered within 10 days of signature, at the registration office the seller's or buyer's taxes.

The promise is deposited at the registration service or sent by simple mail or RAR: titleContent. This registration costs €125.

The promise of sale must be notified to the buyer by letter RAR: titleContent or hand-delivered.

Authentic instrument

L'authentic instrument is established by a notary.

FYI  

An authentic instrument is always required for a promise of sale signed by a natural person with a period of validity exceeding 18 months.

The promise of sale must be notified to the buyer by letter RAR: titleContent or hand-delivered.

No, the seller and the buyer cannot withdraw when the creation of the subdivision is subject to a non-opposition by the City Hall to prior declaration.

In principle, the promise provides for and fixes the following deadlines:

  • Typical 3-month period to lift the option (buyer's decision to purchase the property)
  • Time limit for completion of all or each of the suspensive clauses (e.g. 2 months for a building permit)
  • Deadline for signing the authentic bill of sale after the option is lifted.

The promise may provide for a extension automatic in case of insufficient initial time, for a delay due to difficulties in obtaining certain documents.

Before the end of the period set out in the promise, the two parties may also decide to extend it. They're writing a agreeable the contract in which they specify the purpose of that extension.

The date of signature of the bill of sale is thus shifted.

Please note

In the departments of Moselle, Bas-Rhin and Haut-Rhin, the promise of sale must be followed by an authentic bill of sale within 6 months. The parties may not agree to a longer period.

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