Spatial planning, cooperation of municipalities with investors and construction management

22. 8. 2022 | Legal services for municipalities, Our themes

What is spatial planning?

Each city or municipality shall develop its own land use plan in accordance with the land development principles and other rules. The zoning plan defines the buildable and unbuildable areas within the municipality’s cadastre and sets out the regulations for the use of individual parcels of land.

In other words, the zoning plan determines on which land a single-family home can be built, on which land an apartment building or a shopping center can be built, or where public spaces and roads will be located. Zoning plans may also contain regulatory plan elements that may specify, for example, roof pitch, building line, type of fence, or even, perhaps, prohibit the construction of log structures in a particular area.

What are investor agreements and when is it appropriate to enter into them?

For larger projects (e.g. development of apartments or houses) it is necessary to planning permission and building permit, or joint permission from the building authority for the location and implementation of the construction. Such a procedure can take many months and the building authority assesses not only the technical parameters of the construction, but also factors such as sufficient transport and technical infrastructure or landscape character.

Municipalities may require the construction or modernisation of civic amenities and should enforce and defend these requirements very rigorously in the construction procedure. And since time is often a key factor for investors, the ideal solution for modern municipalities is to set up a mechanism of planning agreements and cooperation agreements with investors (sometimes also referred to as land development agreements). In the contract, the parties set out the conditions under which the municipality will consider the project in question to be consistent with the municipal interest, and the investor usually agrees to pay a certain contribution towards the construction or repair of public infrastructure (e.g. nurseries, car parks, etc.).

What is construction management?

The construction procedure is understood as a procedure under the Building Act, usually aimed at issuing a building permit. The construction procedure deals mainly with the specific form of the intended building and its technical characteristics.

You can become a participant in the construction procedure basically either as a builder (e.g. when building your own family house or garage, etc.), or rather and more often as a person affected by the construction project in some way (e.g. a neighbour or a municipality on whose territory the construction is to be built).

What can we help you with?

Creating a new zoning plan or amending it is a complex and time-consuming process in which the average citizen can easily get lost. 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 will guide you through the process of preparing a zoning plan, defend your rights in upcoming zoning plan amendments, and prepare an appropriate strategy for you.

We will also help you in complex negotiations between the municipality (city) and the developer, prepare contracts and other documents or represent you in negotiations with building authorities and other concerned bodies.
Last but not least, we are ready to help you in construction proceedings, no matter which side you are involved in. Is the building authority refusing to issue you a building permit even though you have fulfilled all the conditions? Or Does your neighbour intend to carry out construction in a way that could damage or devalue your property? Then we are here for you. .

Who are our services for?

For anyone. If you are a municipality or association and you do not know how to deal with a landowner who wants to build a development project in your neighbourhood, we are the right partner for you. . We do not promise the impossible, but we will do our best to protect your interests.

We also provide our services to individuals, as well as to investors and developers, for example, if they want to check the possibilities of construction in a given location before investing in a property, if they encounter complications in the construction procedure, etc.

How does it work?

Please leave your contact details in the contact form below. We will then contact you promptly to discuss how to proceed, depending on your specific needs. By submitting an enquiry you do not commit to anything.

Why choose us?

We are a law firm with a very good knowledge of the Building Act and related regulations. We have years of practical experience in this field as providers of legal services to municipalities, individuals and development companies. We also have experience in municipal politics and in advancing municipal interests in negotiations with developers.