We would like to tell you what the basic documents are that you should pay attention to and which sometimes cause problems.
Those interested in purchasing land real estate first ask themselves the following questions:
- What is the purpose of the area?
- Can you build a house on the plot? 🏡 If so, what parameters?
- What investments are planned in the immediate vicinity? 🏗
It is easiest to find answers to these questions in the given commune to which our subject of interest belongs. Each commune has planning documents on its website. The basic documents will be:
- Study of the conditions and directions of spatial development of the commune;
- Local development plan;
- Decision on development conditions.
What is the difference between these documents? 🤔 🧐
A study of the conditions and directions of spatial development of a commune is a record of the spatial policy pursued in a given commune. It is a mandatory document, prepared for the entire commune, consisting of a text and graphic part. The purpose of the study is to diagnose the condition existing in the commune on various levels, including: environmental, social, technical and cultural, and determining the directions of land development on this basis, which also involves a number of other indications resulting from the characteristics of a given area. The arrangements recorded in the study are binding when preparing a local spatial development plan, and the study, unlike a plan, is not an act of local law (it also follows that a local plan cannot be created if there is no study).
The local spatial development plan is an optional study, i.e. communes are not obliged to prepare it. The local plan is an act of local law,
therefore, its content should be unambiguous in interpretation. Like the study, it consists of a descriptive and graphic part. It can be prepared for the entire commune, although in practice plans are more often prepared for smaller areas – e.g. a precinct or housing estate, which is easier for substantive reasons. The solutions proposed in the plan may have a significant impact on the transformation of the natural environment and the value of real estate. This, in turn, involves costs incurred by the commune as a result of the need to pay compensation (when the value of the land decreased) or revenues (when it increased). Pursuant to the Act, the content of the plan is divided into mandatory and optional. Its project is subject to public consultations and requires a number of opinions
and arrangements referred to in the Act.
A decision on development conditions is a decision establishing the conditions for changing the method of land development by constructing a building or carrying out other construction works.
In areas where no local development plan has been adopted, the decision on development conditions constitutes the formal basis for applying for a building permit. The decision of the General Meeting is valid for an indefinite period. After the adoption of a local plan in the area that covers the decision area, and the development and land development conditions specified in the decision are not consistent with
with the provisions of the plan, the decision of the General Meeting is terminated ex officio.
You should apply for a decision on development conditions if there is no local development plan for the property.
If it still seems complicated to you, please contact our agents, they will certainly dispel all your doubts and will be happy to help! 🙂
