Zoning decision

Obtaining a zoning decision is the basic and initial stage of a construction project involving the construction of a single-family residential building to be carried out in an area where no local zoning plan is in force. It must be obtained by both the individual investor and the developer.

In addition, to obtain a decision on development conditions requires a project involving a change in the development of the site - i.e. primarily the construction of a building or any other construction work, as well as a change in the use of all or part of the building.

The decision can be obtained by anyone. It does not shape any rights to the land for which it is issued, nor does it infringe anyone else's property rights. As a spatial planning instrument, its task is to determine whether a specific investment project will not violate the spatial order. Therefore, it may specify the admissible height of a building, width of the front elevation, roof geometry, location on the plot and a number of other elements significant from the point of view of urban planning and aesthetics of the nearest surroundings.

Decision on building conditions is issued upon written application by the investor. It should describe the characteristics of the planned development and construction, change of use of the land, building or part thereof and indicate access from a public road. The decision must be accompanied by a number of annexes, including a copy of the basic map. The application is subject to stamp duty and can be submitted by proxy.

The decision shall be issued by the mayor of the municipality, town or city. It defines the type of investment and the conditions and detailed rules of land development and its construction. It contains, above all, guidelines concerning the requirements of protection and shaping of spatial order, service in the scope of technical infrastructure and communication, protection of the environment, human health and monuments and cultural heritage, including contemporary culture, as well as requirements concerning the protection of third parties' interests. Together with the decision establishing the development conditions, we receive an appendix containing the textual and graphic part of the urban planning analysis.

Decision on building conditions expires if another applicant obtains a building permit for the area to which it relates. In addition, the competent public administration authority will declare it expired if a local plan is adopted for the site, the arrangements of which are different from those in the decision issued.

The whole process starts when lawyer be solicitor applies to the relevant authorities for a decision on the development conditions, completes the legally required attachments and fills in the relevant documents. In addition, such an attorney represents his or her clients before the administrative authorities - also in the event of an appeal against a decision establishing development conditions, and can also prepare a complaint to the administrative court.

Entrusting these formalities to a specialist not only saves time, but also increases the chance that legal matters will take a positive turn.