Difested Development Zones – ZAD in the Landes Department

A Deferred Development Area (DZA) is an area created by the State on the proposal of local authorities within which a pre-emption right applies allowing a community to acquire the real estate in the process of being disposed of as a matter of priority. Thus, the deferred development area is a procedure that allows local authorities, through the use of the special right of pre-emption, to gradually ensure the land control of land where a development operation is planned and thus to prevent the announcement of this project from causing a surge in prices. The right of pre-emption in ZAD must be exercised, like other pre-emption rights, “with a view to the realisation, in the public interest, of actions or operations corresponding to the objects defined in Article L.300-1, with the exception of those intended to safeguard or enhance natural areas, or to establish land reserves for the purpose of enabling the implementation of such actions or development operations” (Art. L.210-1 CU). The right of pre-emption related to the ZAD may be exercised for a period of six years renewable, from the publication of the act establishing the ZAD. Contrary to the right of urban pre-emption, whose perimeter falls under local jurisdiction, the creation is at the initiative of the State, on a proposal or after the opinion of the municipality concerned or the competent EPCI. The ZAD is created by reasoned decision of the Prefect (Articles L.212-1 and L.212-2-1 CU). For more details read the Certu sheet dedicated to the procedure of the deferred development zone (ZAD) as a tool of land action in the service of public policies of June 2013, see the section Related Resources