If a council wishes to create or develop a layout within the meaning of Article 1 (the operation resulting in the division of landed property into plots shall within the meaning of the decree constitute a layout) of Decree No. 79-194 of 19th May 1979, all the provisions laid down in Part II of the decree shall apply Mutatis Mutandis. They are as follows;
The file relating to the layout shall be compiled in four copies and be lodged at the town hall in exchange for an acknowledgment receipt. Each copy of the file shall comprise;
- An application whose original shall be stamped and signed by the owner or the legally authorized agent,
- An ownership certificate,
- A site plan drawn to a scale of 1/5000 or 1/10 000 extracted from the master town plan if necessary indicating the position of the land,
- The draft layout is drawn on the basis of a scale of 1/500 or 1/1000 endorsed by the Survey Service and comprising some specified information as required by law.
- A work program indicating the specification of the various structures to be built and where necessary the conditions for their execution in stages.
- Regulations laying down the obligations and easement of general interest imposed in the layout with regard in particular to the specifications and the nature of the building to be erected, the management of the property, tree planting, and the fences,
- Clauses and conditions govern the relations between the developer and the owner.
- If need be, the rules and regulations of the association formed by the purchasers of plots for the management and maintenance of the roads, open spaces, and structures of common interest are not classified in the property of the council.
As regards resettlement layouts involving the transfer of plots, whether or not against payment, to persons displaced for the purpose of carrying out the development works that have been declared of public interest, the mayor shall submit to the local town planning service a file comprising the following;
- A site plan
- A plan of the plots and streets
- A program for the provision of facilities
The local town planning service shall have 30 days within which to examine the file in conjunction with the other services concerned before forwarding it, with recommendations to the Senior Prefect of the region.
The approval order of the Senior Prefect shall be notified to the Mayor within 45 days from the date of submission of the file.
Where the notification is not forwarded within this period, the layout shall be considered approved.