How to read local spatial development plan and development conditions?
Before we start building a house, and even earlier – before we choose a plot of land on which the property is to be built – we should find out what guidelines apply in a given area. The height of the house, the location of the building or the location of the access to the property are often precisely defined. In order to gain knowledge about what may be built in the future on the land we buy, we should reach for the MPZP, or local spatial development plan. How to read this legal act? How to interpret it?
What is a local spatial development plan?
The local spatial development plan is an important document for every construction investor. The guidelines it contains determine what kind of property can be built on a given plot. This plan is necessary to apply for a building permit and receive a positive decision in this matter.
The LSDP is a binding legal act created in accordance with the Act of 27 March 2003 on spatial planning and development. The provisions contained therein regulate the principles of creating a functional and spatial structure, taking into account the existing state of investment, also establish the purpose of the land and determine the method of its development and development.
The draft of the local spatial development plan is created by officials and urban planners from the department of architecture and spatial planning of the commune or city office, sometimes this task is commissioned to an external company. Then the document is made available for public review (for a period of at least 21 days). During this time, proposals for changes or opinions on the project can be submitted – both by residents and institutions, e.g. the commune urban planning and architectural commission or the regional director for environmental protection. After taking into account the proposals and opinions and after introducing changes to the project, the local spatial development plan is submitted to the commune or city council for consideration and adopted by a vote. If the governor does not find any irregularities in the local plan, the document is published in the official journal of the voivodeship, and the provisions contained therein come into force – but not earlier than 14 days from publication.
To sum up, we can say that the LSDP is a resolution of the city or commune council, which regulates the use of a given area located within the city or commune. This document is therefore valid only in the area of the commune that adopted it.
What does the local spatial development plan include?
Why is it worth getting to know the local spatial development plan before buying land? Because its content determines what restrictions we have regarding the plot we are interested in and what the property and house we want to build on it may look like. The guidelines affect the shape of the building and even its colors – so it may turn out that the house, which is supposed to be consistent with the development in the area, will not be consistent with our dream project. Basically, the local plan will tell us whether any real estate can be built on the plot we have chosen.
The local development plan contains, among others, information specifying:
• principles and conditions for dividing land into building plots, including the minimum areas of newly divided building plots on which a single-family or semi-detached house can be built,
• the intended use of the land of a specific plot,
• the principles for locating buildings on the plot (e.g. at the plot boundary or in relation to the road),
• the build-up area line – mandatory and not to be exceeded,
• the permissible height of the building,
• the colours of the facades, and even a ban on the use of certain finishing materials,
• the principles of shaping roofs (geometry, covering materials and their colours),
• arrangements for technical infrastructure,
• the principles of shaping greenery (taking into account the protection of the natural environment),
• the minimum coefficient of biologically active area that must be maintained when designing the investment,
• the location of access to the property under construction,
• the planned course of roads, bicycle paths and other construction works, the areas of which will be designated for public purposes.
Where can I find the local spatial development plan?
The local spatial development plan can be found on the official portals of the city or commune offices and in the Public Information Bulletin. It is also available:
• in the city or commune office – in the department that deals with spatial planning in the commune, and also (as a resolution) in the organizational units serving the commune council,
• in the district or city office with county rights – in the department that issues the building permit,
• in the provincial journals covering the territory of the city or commune to which the plan applies,
• in the spatial information system.
The local spatial development plan is a public document that anyone can view. You don’t have to be a construction investor or the owner of a plot in a given area to check the local plan. Anyone can also receive an extract and a drawing from the local spatial development plan at the commune or city office if they submit an appropriate application for its issuance. It is worth remembering that the local spatial development plan provisions are the basis for design, so it is necessary to obtain an extract, which will be an annex to the construction design.
How to read a local spatial development plan?
The local plan consists of two parts: descriptive and illustrative. The content of the descriptive part will tell us what the conditions of land use and the established restrictions are. The resolution of the municipal council, which is the main element of this part, also precisely defines the boundaries of the area covered by the local spatial development plan. The graphic part is an illustration of the descriptive part in the form of a drawing made on a copy of the basic map, usually at a scale of 1:1000. If there is no such map, the drawings are made on a cadastral map. This is where the local spatial development plan indicates areas designated for development, the road layout, important infrastructure elements, as well as green areas and services. The symbols used in the local spatial development plan may seem difficult to decipher. In order to correctly read the graphic part, first familiarize yourself with the content of the resolution (because this is where the letter abbreviations should be explained) and with the map legend.
The most commonly used designations are:
• MN – single-family housing
• MN/U – single-family housing or services
• MW – multi-family housing
• ZP – landscaped greenery – park
• KS(U) – multi-level car park with services
• KPP – city square
• KPJ – pedestrian and vehicle path
• KD-G – main public road
• KD-D – public access road
The drawing part also includes appropriately marked boundaries of the area covered by the plan, building lines, plot boundaries and numbers, green zones, etc.
Lack of LSDP – what does it mean for the investor?
What if we want to check a selected area and it turns out that there is no adopted LSDP? Does this fact mean that a house cannot be built on a given piece of land? Not necessarily. In the absence of a local plan, the investor may apply for the issuance of development conditions (DC). The decision on development conditions also contains important information about the building that may be built on our plot. It is also an attachment to the application for a building permit precisely in the absence of an adopted LSDP.
Development conditions – application, conditions and deadlines for issue
An application for issuing development conditions is submitted to the mayor or commune head, so for this purpose we go to the city or commune office competent for the location of the investment. We can also apply electronically. A decision on development conditions is issued only when certain requirements are met, and they must be met cumulatively.
The DC will be issued if:
• at least one neighbouring plot, which is accessible from the same public road, has been developed in such a way that it allows for defining requirements for new development. This condition allows for continuation in terms of functions, parameters, features and indicators of development, including land development, including dimensions and architectural form of buildings, building lines or intensity of land use.
• the plot has access to a public road,
• the land development (existing or planned) is sufficient for the construction project, and this must be guaranteed by an agreement between the relevant organisational unit and the investor,
• the plot does not require consent to change the designation of agricultural and forest land to non-agricultural and non-forest purposes,
• the decision is consistent with separate regulations.
Development conditions are a document that applies to a specific investment and can only be used in relation to it. We do not have to be the owners of the plot to obtain development conditions, and many investors can apply for them at the same time. When will we receive a decision from the office?
We will receive the DC decision within:
• 21 days – when it concerns a detached, maximum two-storey single-family residential building with a building area of up to 70 m2, the area of impact of which is located entirely on the plot or plots on which it was designed, and the construction is carried out to meet housing needs
• 90 days – in other cases
However, in practice this period may be longer, because it does not include the time for obtaining agreements and opinions or periods of suspension of the proceedings. The issuance of a decision on development conditions may also be delayed for reasons beyond the control of the office.
If you are planning to build a house and already have a plot of land in mind, be sure to find out what kind of property can be built on it, even before you buy the land. The house design must be consistent with the local spatial development plan or development plan. If a local spatial development plan has not been adopted for a given area, you should apply for a decision on the development conditions for your investment.