As part of the conveyancing process in France the notaire will make enquiries at the local planning authority.

Normally, the notaire will send a questionnaire to the council seeking information about the planning status of the land and property. It may also contain other questions relating to the local infrastructure and developments in the area. In response they will receive information on the planning status of the land in the form of a 'fiche de renseignement d’urbanisme.'

However, the scope of these enquiries can be quite limited, restricted to the property itself, and any planning consents (and possibly refusals) that exist.

So a buyer who may be expecting to hear about proposals by a neighbour to extend their house, or about new zoning that may take place in the locality will often be disappointed.

Many instances have come to our attention, in which buyers have only learned about major new developments in the locality after they have purchased a property.

These include proposals for road widening, the installation of a wind farm, as well as agricultural development.

The questionnaire that is sent to the local planning authority by a notaire is completely at their discretion, and maybe no more than a request for confirmation of the planning status of the land parcel(s) being sold.

Moreover, even were the notaire to prepare a questionnaire about the local environment and developments, local councils are not obliged to respond to such questions. As they are legally responsible for the information they provide, they are also likely to be prudent and curt with the responses they furnish.

Although notaires are paid a fee for the services they provide to their clients, the search provided by the council is free of charge. Many local councils resent the time that their staff spend in responding the enquiries and in small councils the capacity to do so is often very limited.

Remember also that the local search is made after signing of the sale contract, so even if the enquiries reveal an offensive planned development nearby, unless there is specific provision in the contract, the buyer will remain bound by it.

In a recent parliamentary question, the government was asked whether it might consider establishing a model questionnaire that could be used by notaires, in response to which the government offered no proposals, stating: “The planning code does not contain any provision requiring municipalities to respond to questionnaires submitted by notaries. It is therefore not envisaged to impose a single model questionnaire on them. In addition, it is up to the municipalities to assess, on a case-by-case basis, whether or not it is desirable to provide a response to these questionnaires.”

In such circumstances, buyers need to establish the nature of the enquiries being made by their notaire, and, if necessary, to request that additional questions be added to the local search.

Tom Easdown, Managing Director and Architect at French Plans, comments that: "A visit to the local mairie might also often be useful, to discuss with the local mayor what development proposals there are in the area, and/or to view the local plan, although smaller councils are not always as informed as a buyer might hope for."

The seller should also be asked to share their knowledge about the locality and, if necessary, their responses included in the sale contract. Enquiries made before signing the sale and purchase contract are rarely a waste of time.