Land development is set primarily at the town level. Towns will control land use and density of constructions through zoning by-laws (Plans Locaux d’Urbanisme).

The French Zoning Code and the French Construction and Dwelling Code also set specific standards and regulations for the use of land and construction of buildings.

The French Environmental Code set specific standards and regulations affecting the use and occupation of real estate. For instance, specific authorizations and/or administrative approvals and/or declarations are required by environmental legislation for starting or ceasing operation of a classified facility (Installation classée), such as industrial and manufacturing activities.

As a matter of general principle, a demolition permit and/or a building permit will have to be obtained if a building is to be built or if a building is to be demolished and rebuilt or renovated.

As regards use of premises, especially in the Paris area, the French Construction and Dwelling Code provides that premises with residential use cannot have any other use unless specific authorization is obtained from relevant public authorities.

Specific authorization is also needed to open retail premises with a sales area in excess of 1,000 square meters.

This threshold has been lowered in Paris on an experimental basis and for an initial period of three years starting 1 January 2018, the above specific authorization is required for sales area in excess of 400 square meters only.

Environmental cleanup of plots of land can be required by relevant authorities when a classified facility (Installation classée) ceases to be operated or when pollution is evidenced.

Different French laws enacted over the past few years provide for minimum energy efficiency requirements for existing and new buildings.

A specific energy efficiency report (Diagnostic de performance énergétique) has been created, which states the quantity of energy used or to be used according to the type of use of the building. This report shall be communicated to purchasers and tenants.

An increasing number of technical reports has been created over the past few years.

A specific technical audit record has been created to bring together information (statements, reports and audits) relating to the safety of the buildings and health and safety of the occupants.

Notably, this shall include a statement referring to the presence/absence of construction materials/products containing asbestos, pollution of the land, soil and subsoil and risk statement (Etat des Servitudes 'Risques' et d'Information sur les Sols) in zones within the perimeter of a plan for prevention of risks or in an earthquake zone. In case of sale of a constructed building, these records, which must be given by the vendor to the purchaser, are attached to the preliminary contract and to the final deed of sale.

In most cases, new buildings benefit from environmental labels (HQE or BREAM).

In addition, new regulations require improvements in the energy performance of commercial buildings. Promulgated at the end of 2018, the ELAN law included in the Construction and Housing Code an obligation to reduce the energy consumption of tertiary buildings. This applies to all buildings or business premises for tertiary use and with an operating area of 1,000m or more.

The regulations require a reduction in final energy consumption by applying one of the two methods presented in the Construction and Housing Code:

• reduce the final energy consumption of buildings by 40% by 2030, 50% by 2040, and 60% by 2050, compared to a base year that cannot be earlier than 2010; or
• achieve a fixed level of energy consumption in absolute value for each type of activity.