Is the municipality in which you own property preparing a new zoning plan? Does this proposal affect your property or are you affected by the proposal? Or is a new master plan being prepared in the area you are interested in?
You can defend yourself against the proposed solution and the municipality’s procedure by means of comments or objections.
Specification of the master plan
The draft master plan contains the main objectives and requirements for the preparation of the master plan and serves as a basis on which the draft master plan itself will be subsequently prepared. The draft specification is delivered by public notice. Anyone may submit comments to the drawer within 15 days of the date of publication of the draft specification. On the basis of the assignment, the comments submitted and the result of the consultation, the draft assignment is modified into its final form and approved by the municipal council. However, your comments may not be reflected in the final form of the assignment, so the process of preparing the master plan must be continued.
Draft Master Plan
On the basis of the approved zoning plan assignment, a draft zoning plan is subsequently prepared, which already contains specific solutions for the area, including the definition of areas and their regulation. The modified draft is then publicly discussed. Notice of the public hearing, including the draft master plan, is delivered by public notice. The aim of the public hearing is, in particular, to allow the owners affected by the draft solution and other subjects to object and also to allow the public to comment on any part of the solution in the draft. Objections and comments must be submitted no later than 7 days from the date of the public hearing; objections and comments submitted later will not be taken into account. Objections must be accompanied by information according to the Land Registry proving the legal relationship to the property concerned and must also identify the area affected by the objection.
Issuance of a new master plan
The results of the public consultation are subsequently evaluated and the master plan is issued by the municipal council. If, as a result of the consultation, it is necessary to revise the draft zoning plan, the revised draft is published and the public consultation may be repeated. If the municipality’s objections are not taken into account and the zoning plan is adopted as originally proposed, a petition may be filed in court to annul the part of the zoning plan that was challenged by the objections. We will discuss the application for the annulment of a part of the zoning plan in the next article.
As the owner of the property affected by the proposed solution, you can actively participate in the development of the zoning plan, especially by filing objections. As a member of the public, you can then submit comments on the proposed solution. A similar procedure can be followed if the municipality proposes to amend the master plan. In both cases, however, it is necessary to keep a close eye on what is happening in the municipality and on the official notice board, through which the municipality informs about the development of the master plan and the individual actions within this process.
We are here for you
Creating a new master plan or amending it is a complex and time-consuming process. Our law firm provides comprehensive legal advice in the preparation or amendment of a zoning plan, including cooperation with experienced planners and urban planners. We provide our services to municipalities, individuals, as well as investors and developers, for example, if they want to check the possibilities of building in a given location before investing in a property, encounter complications in the construction procedure, etc.
Do you need help with this topic? Do not hesitate to contact us.
This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.