HB46 Alabama 2014 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Chris EnglandRepresentative
Democrat
Session: Regular Session 2014
Title: Municipal subdivision regulation, contracts to sale lots authorized prior to approval by municipal planning commission, Sec. 11-52-33 am'd.
Summary: HB46 lets developers pre-sell lots in proposed subdivisions in unincorporated areas with county engineer approval, while protecting existing contracts and requiring permits to develop.
What This Bill Does
The bill preserves valid purchase/sale contracts for lots in proposed subdivisions even if the plat isn’t yet approved. It adds a new authority allowing county engineers to authorize pre-sale agreements for subdivisions in unincorporated areas, under conditions that the developer has a likely-to-be-approved preliminary plan and explains the need for pre-sales. It requires pre-sale agreements to state that final sales depend on obtaining a permit to develop, sets a six-month notification window after financing, and allows extension with conditions. It also provides penalties and revocation procedures for non-compliance and confirms that the permit-to-develop requirement still applies before actual sale of lots.

Who It Affects
Developers/builders planning subdivisions in unincorporated areas who may seek county-engineer authorization to secure pre-sale agreements before obtaining a development permit.
Local governments (county engineers, municipal planning commissions, and counties) responsible for subdivision regulation and enforcement, including the ability to enforce penalties and revoke authorization if requirements aren’t met.

Key Provisions
Amends Section 11-52-33 to ensure that nothing in municipal subdivision rules impairs a valid and enforceable contract for the purchase or sale of a lot in a proposed subdivision prior to plat approval.
Adds Section 11-24-2.1 authorizing the county engineer to allow a developer to secure pre-sale agreements in unincorporated areas under specified conditions (preliminary plan likely to be approved and a satisfactory explanation for pre-sales).
Adds Section 11-24-1.1 detailing the authorization process, including notice requirements, a six-month period to obtain financing, possible extensions, and consequences for failures to comply (including fines and revocation of authority).
Pre-sale agreements must state that final sale depends on obtaining a development permit.
Authority to pre-sell does not eliminate the developer’s obligation to follow county subdivision regulations and obtain the required permit to develop before actual sale or transfer of lots.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Property, Real and Personal