Do you own a piece of land that is zoned contrary to your wishes in the effective zoning plan? Do you want to turn an undevelopable area into a plot of land on which it will be permissible to place a building? Or is there a regulation (e.g. a biocorridor) on your land that prevents you from implementing your project?
In such a case, you can submit a proposal (initiative) to the municipality for which the zoning plan is valid for a zoning plan amendment.
Proposal (initiative) for a change to the zoning plan
Such a proposal may be submitted by a natural or legal person who has ownership or similar rights to land or a building in the territory of the municipality concerned. The proposal shall state the factual basis for its submission, together with a proposal as to how the land should be demarcated in the development plan. A proposal for a zoning amendment should not contain requirements that the zoning plan cannot or must not address.
Who makes the decision to amend the zoning plan?
The municipal council then decides on the adoption of a change to the zoning plan in an independent capacity. By its decision, the municipal council will confirm whether the proposal for a change of the land use plan will be included in the process of making a change of the land use plan, which will examine whether the land in question can be changed according to the proposed use. If the change affects elements of the regulatory plan, the municipal council must specify in its decision to make the zoning change that a zoning change with elements of the regulatory plan will be made.
Procedure in case of no/exclusion of a proposal (initiative) for a zoning plan amendment
In the event that the council does not approve the proposal to amend the master plan and does not include the proposal in the amendment process, the proposal can be considered to be completed. However, proposals may be resubmitted.
If the council grants the application, the subsequent process will examine whether the proposed change to the site specific plan is permissible and whether the application can be granted. The subsequent amendment process can take up to several years, during which time the same process is followed as for the masterplan process as a whole. The matter will be the subject of a site plan amendment proposal, which must be subject to a public hearing. The persons concerned may object to the draft master plan, and the public may comment. Once the draft has been discussed and the necessary elements have been incorporated, it is submitted to the municipal council of the municipality concerned, together with a justification. If, as a result of the public hearing, the draft amendment to the zoning plan is substantially modified, a second public hearing is ordered to the extent of the modifications made. In the case of an amendment issued by the municipal council, the amendment shall take effect upon delivery of the zoning plan amendment by public notice.
When amending the zoning plan, a shortened procedure can be used, which must be decided by the municipal council in its decision to make the amendment. In such a case, no assignment of the zoning plan amendment is made. The elements of the proposal in the case of the abbreviated procedure are specified in Section 55a of Act No. 183/2006 Coll., on Spatial Planning and Building Code, as amended, in conjunction with Section 334a of Act No. 283/2021 Coll., Building Act, as amended.
Financial participation in the preparation of the zoning plan amendment
At the same time, it is possible that the applicant will have to make a financial contribution to the development of the zoning amendment, with the amount of the financial contribution being decided by the council as part of the decision to develop the zoning amendment. It is therefore advisable to indicate in the proposal for the amendment that the applicant is prepared to bear these costs.
There is no legal entitlement to a zoning change
In conclusion, it should be noted that there is no legal entitlement to amend the Master Plan. Therefore, the municipality is not obliged to comply with your proposal and change the functional zoning of the area or other elements defined by the effective zoning plan according to your wishes. As part of our services, we review specific cases and look for relevant arguments to support your request for a zoning change.
This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.
If you would like more information in this regard, please do not hesitate to contact us.