Spatial Planning & Land Use
Overview
Legal services on spatial planning and land use management.
Spatial planning is an area in which the window to react is short and the consequences are lasting. A development plan that has entered into force determines what may be built on a plot for years ahead, and it can be challenged only within a narrow window and only by those with recognised standing.
We advise property owners and developers on planning and the construction process — from the status of the plot and the permitted parameters, through the procedures for drawing up and approving plans, to the building permit and putting the building into service.
We also act in disputes with the administration: appeals against development plans, refusals, orders and acts of the construction control authorities.
What the service covers
- Review of a plot's planning status and permitted development parameters
- Procedures for drawing up, amending and approving detailed development plans
- Design visas and coordination procedures
- Building permits — issue, amendment, appeal
- Change of designation of agricultural and forest land
- Regulation of plots, consolidation and subdivision
- Easements and rights of way
- Putting buildings into service and construction-stage certificates
- Unlawful construction, tolerated status and demolition
- Appeals against administrative acts in spatial planning
- Relations with municipal administration and construction control authorities
- Planning aspects of acquiring a site for development
Who it is for
Owners of plots where construction is planned; investors assessing a site's potential before acquisition; persons affected by a development plan or by construction on a neighbouring plot; and developers served with a refusal or an order by the construction control authorities.
Frequently asked questions
How do I find out what I may build on my plot?
The starting point is the applicable development plan and what it provides for the specific plot — designation, manner and character of development, and the planning parameters. To that are added restrictions not apparent from the plan: easements, protected zones, setbacks, parking requirements and utility connection conditions. This review is made before purchase, not after.
A neighbour is building in breach of the rules. What can I do?
There are two routes, often pursued in parallel: a complaint to the construction control authorities, who inspect and may halt the works, and an appeal against the building permit itself, if the deadline has not passed and standing exists. In practice speed matters most — once the building is complete, the options narrow considerably.
Can an existing unauthorised structure be regularised?
The answer depends on when the structure was built, whether it complied with the rules in force at that time, and whether it conflicts with the current development plan. There is a regime of tolerated status for certain older structures which does not make them lawful but protects them from demolition. The assessment is strictly case-specific and begins with establishing the year of construction.
How long does changing the designation of agricultural land take?
The procedure has several stages and involves drawing up and approving a development plan, obtaining coordination and a decision of the competent commission. The timeline depends on the area, the category of the land, its location relative to protected zones and the workload of the administration concerned, so a realistic estimate is given after reviewing the specific plot, not in advance.