Parcellaire Investigation: The File Must Be Lodged at the Town Hall, Not at the Sub-Prefecture

Imagine: you receive a letter from the prefecture informing you that a parcellaire investigation is open to compulsorily purchase part of your land in Allauch, for a road bypass project. You go to the sub-prefecture of Marseille to consult the file, as indicated in the notice. But on the day of the hearing, your lawyer raises an irregularity: the file should have been lodged at Allauch town hall, not at the sub-prefecture. Can this procedural detail annul the entire operation?

The answer is yes, and the Court of Cassation forcefully reminded us of this in 1981. In this case, an owner in Boulogne-Billancourt saw his property targeted for compulsory purchase. The compulsory purchase order stated that the parcellaire investigation file had been lodged at the sub-prefecture. However, the texts require that it be consultable at the town hall of the commune where the properties are located. The Court annulled the order, holding that Article R 11-21 (which allows the parcellaire investigation to be carried out simultaneously with the public inquiry) did not derogate from this rule as to place.

In other words, even if the two inquiries are simultaneous, the files must remain in the relevant town halls. A lesson for local authorities and owners in the Marseille area, particularly in Gemenos or Allauch, where development projects are flourishing.

The Facts: A Story Like Many Others

Mr. X, owner of a flat at Square du Pont de Sèvres in Boulogne-Billancourt, learns that the State plans to compulsorily purchase his unit to build a public road. A preliminary inquiry for a declaration of public utility (DUP) is opened, and, in accordance with Article R 11-21 of the Expropriation Code, the parcellaire investigation (which precisely identifies the plots and owners) is carried out simultaneously.

The inquiry notice indicates that the parcellaire investigation file is lodged at the sub-prefecture of Boulogne-Billancourt. Mr. X consults the file but does not contest the project on its merits. The matter proceeds: the prefect issues a cessibility order, then the compulsory purchase judge makes an order transferring ownership.

But Mr. X, advised by a lawyer, realises that the parcellaire investigation file was never lodged at Boulogne-Billancourt town hall, where his property is located. He appeals to the Court of Cassation. His argument: Article R 11-21 provides that the parcellaire investigation can be done at the same time as the preliminary inquiry, but the rules for lodging the parcellaire file remain those of ordinary law, namely lodging at the town hall of the commune where the properties are situated. The sub-prefecture is not a valid place.

The Court of Cassation agrees: it quashes the compulsory purchase order on the ground that the parcellaire investigation file was not lodged at the town hall, in breach of legal requirements. This decision, although old, remains an essential reference for all actors in compulsory purchase.

The Reasoning of the Court — Analysed

The judges of the Court of Cassation examined the interpretation of Article R 11-21 of the Expropriation Code (now codified as Article R 131-5 of the Code of Expropriation for Public Utility). This text states that the parcellaire investigation may be carried out at the same time as the preliminary inquiry for the declaration of public utility. But it says nothing about the place of lodging of the parcellaire file.

However, the general rules for the parcellaire investigation, derived from former Articles R 11-19 et seq., require that the file be lodged at the town hall of each commune where the properties to be compulsorily purchased are located. Why this requirement? Because the parcellaire investigation aims to allow owners to take note of the plots concerned and to make their observations. Lodging at the town hall guarantees maximum proximity and accessibility.

The Court therefore held that the simultaneity of the inquiries does not modify this rule as to place. In short, even if the preliminary inquiry can be centralised at the sub-prefecture, the parcellaire file must remain at the town hall. In this case, the file had been lodged only at the sub-prefecture, leading to the annulment of the order.

This reasoning is consistent: the Court of Cassation ensures strict compliance with the formalities of compulsory purchase, as they protect the right to property. A simple error as to place can derail everything, even if the substance of the project is perfectly legal.

What few people know: this decision is not an isolated case. The Court has already sanctioned lodgings at the prefecture or sub-prefecture. The rule is therefore well established.

What This Changes for You — Practically

For owners: if you are subject to a compulsory purchase (for example in Gemenos for a business park project), immediately check where the parcellaire investigation file has been lodged. If it is not at your commune's town hall, you can challenge the compulsory purchase order within two months of its publication. An annulment can delay the project by several months, or even lead to abandonment if the DUP validity periods have expired.

For local authorities and promoters: do not neglect this formality. A file lodged at the town hall is mandatory, even if the public inquiry is centralised. In Marseille, for example, a tram project was delayed because the parcellaire file was languishing at the prefecture. Anticipate: provide paper copies in each relevant town hall.

For lawyers and advisers: this is an unanswerable ground for nullity. If your client is being compulsorily purchased, inspect the investigation file as soon as it opens. An irregularity as to place can be raised at any stage of the procedure, up to the order.

Example with figures: in Allauch, an owner obtained the annulment of the compulsory purchase order for a 2,000 m² plot valued at €300,000 because the file was at the sub-prefecture. The project was delayed by 18 months.

Four Tips to Avoid This Type of Dispute

• Check the place of lodging as soon as the investigation opens: as soon as you receive the inquiry notice, go to the town hall of the commune where your property is located. If the file is not there, immediately report it to the inquiry commissioner and your lawyer.
• Consult the file at the town hall, not elsewhere: even if the notice mentions another location, insist on consulting the parcellaire file at the town hall. Obtain a receipt of consultation.
• Do not delay in acting: appeals against the compulsory purchase order are subject to strict time limits (2 months after publication). If you wait, you lose the right to contest.
• Get assistance from a specialised lawyer: a property lawyer can spot these procedural defects from the investigation stage and advise you on the strategy to adopt.
• For local authorities: train your staff: a simple error as to place can cost months of delay and legal fees. Provide a checklist of formalities for each commune.

Further Analysis: Related Case Law and Developments

The 1981 decision is part of a consistent line of the Court of Cassation. For example, in a judgment of 20 November 1979 (No. 78-70.036), the Court had already annulled an order for lodging the parcellaire file at the prefecture instead of the town hall. More recently, the Nîmes Court of Appeal reiterated this principle in 2018 in a case concerning a compulsory purchase in Montpellier.

The trend is clear: judges are uncompromising on form. Since the right to property is constitutionally protected, any breach of publicity rules is sanctioned. Since the 2014 codification, Article L 131-5 of the Expropriation Code reiterates this obligation, but case law continues to clarify the modalities.

For the future, digital development projects (dematerialisation of inquiries) could raise questions: does lodging at the town hall remain mandatory if the file is online? To date, the answer is yes: physical consultation at the town hall must be maintained, as the Conseil d'État recalled in 2020.

Checklist Before Acting

FAQ: 5 Practical Questions

1. Where must the parcellaire investigation file be lodged? Only at the town hall of the commune where the properties are located. Not at the sub-prefecture, nor at the prefecture, nor anywhere else.
2. What to do if the file is not at the town hall? Immediately challenge the inquiry before the administrative court (interim suspension) or, after the order, appeal to the Court of Cassation within 2 months.
3. What is the time limit to act? To challenge the compulsory purchase order: 2 months from its publication. To challenge the inquiry itself: during the inquiry period or within 2 months of its closure.
4. Can I obtain damages? If the irregularity caused you harm (e.g., delay to your project, legal fees), you can claim damages before the judicial court. But annulment alone is already a victory.
5. Does this rule also apply to preliminary DUP inquiries? No, only the parcellaire file is concerned. The preliminary inquiry may be centralised at the sub-prefecture or prefecture.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of procedure — and often much more. Book an appointment →