A Deferred Development Area (ADZ) is an area created by the State on the proposal of local authorities within which a right of pre-emption is applied that allows a community to acquire the real property that is being disposed of as a priority.
Thus, the deferred development area is a procedure that allows local authorities, through the use of the special pre-emption right, to gradually ensure that land is controlled on land where a development operation is eventually planned and thus to prevent the announcement of this project from leading to a surge in prices.
The right of pre-emption in ZAD must be exercised, like other pre-emption rights, ‘for the purpose of carrying out, in the general interest, 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 with a view to enabling the implementation of such actions or development operations’ (Art. L.210-1 CU).
The right of pre-emption linked to the ZAD may be exercised for a renewable period of six years, from the publication of the act creating the ZAD.
Unlike the right of urban pre-emption, the scope of which falls within local jurisdiction, the creation is at the initiative of the State, on a proposal or after an opinion of the municipality concerned or of the competent EPCI. The ZAD is created by a reasoned decision of the Prefect (arts. L.212-1 and L.212-2-1 UC).
For more details see the Certu fact sheet dedicated to the procedure of the Deferred Development Area (ZAD) as a tool for land action for public policies in June 2013, see the related resources section
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