Is there a plan?
All information regarding the plot should be carefully checked at the Commune Office, in the area of which it is located. Let's remember, that seller, intentionally or unknowingly, may mislead us. The rules are changing, The actual or legal status of real estate changes and sometimes documents that were important until recently have become obsolete. First of all you need to establish, does the commune have a local spatial development plan. Let's remember, that plans drawn up and approved before 1995 r. in years 2002 i 2003 have expired, and new ones were passed only in a dozen or so percent of communes. If the municipality has a plan, it is a legal provision in this area. Everyone can get excerpts and an excerpt from this plan, not only the owner of the facility, which interests us. We'll find out from them, what the purpose of the plot is. Single-family housing development may be planned there, which corresponds to our intentions, but just as well e.g.. multi-family. Public utilities may be planned, commercial, service, school, hospital, park or cemetery. Either the land is intended for agricultural or forestry crops. So let's check it out, what the plan says and, if the area is not intended for single-family housing, look for a plot, which is intended for such a purpose. The plan may also include arrangements for land development conditions, on which the plot is located, and resulting from the need to preserve its character, m.in. referring to the architecture of existing buildings. Detailed records may specify the height of new homes, roof geometry, facade color, etc.. They may also limit land use in accordance with regulations aimed at e.g.. Nature protection.
If there is no plan
If the commune does not have a local plan, you must submit an application for a decision regarding the development conditions. They were defined in Art. 61 Act of 27 Mark 2003 r. on planning and spatial development (Dz. U. No 80, item. 717). One of the conditions is the so-called. good neighborhood. If the plot is directly adjacent to the plot, we want to buy, it is built up, if it has direct access to a public road, if it is possible to connect the building to the utilities (water supply, sewerage, gas network, electricity), then there is a chance of obtaining a positive decision. You also need to pay attention to this, what is the soil classification, which we want to buy. We check it in the land and building register, located in the starosty. If it is agricultural or forest land, then it is necessary to change the purpose of the land. The Act on the Protection of Agricultural and Forest Land z 3 February 1995 r. as amended (consolidated text: Dz. U. No 121, item. 1266). It specifies, for which land the consent to change their purpose is required. It is about protecting better classes of land, which must be kept for cultivation. With consent to the so-called. soil de-agriculture has no problems, if such consent has already been given, during the preparation of the plan previously in force. Then it is still valid. And in case, when the consent to change the purpose of the site was not issued, and it is required, then it is necessary to draw up a local plan. In such a situation, an application must be submitted to the commune head, the mayor or city president to draw up a plan. It does not work, of course, for a plan for the entire commune, but a clipping that covers the terrain, on which the applicant's plot is located.
The procedure related to the preparation of a local zoning plan may take six months, but also a year or two. Why is this happening? Why only a dozen or so percent of communes have spatial development plans? Well, the main obstacle here are the costs associated with the preparation and adoption of the plan. Specialist expertise must be carried out, prepare forecasts for the economic and social situation of the commune, predict its development, which should be favored by appropriate spatial development. Legal and financial consequences will follow from the developed and approved plan. It will be necessary, among others. payment of compensation for losses incurred by property owners, the value of which will be reduced. Money will also be needed to buy land intended for public purposes. The commune must provide funds for these expenses in its budget, thus neither drawing up and passing a plan, neither the date of this project has been prescribed by law. However, it is obligatory to start drawing up a local spatial development plan for the mining areas, for areas of public interest (it is e.g.. town square), for large commercial areas (supermarkets) and for land and projects related to the consolidation and division of land. Some of these projects are financed from outside the commune's funds.
If the investor thinks about farm buildings, must carry out an agricultural activity. If he is not a farmer and he does not intend to be, let's take a look at the plot, he wants to buy and build a house on it, from the point of view of the mentioned Art. 61 the act on planning and spatial development. As previously reported, the investor will then obtain a positive decision on the development conditions, when the neighboring plot is already developed, when his plot has direct access to a public road, or - if there is no such - agrees with the neighbor regarding the easement concerning the passage and passing through his area. But be careful: there are problems with that, when neighborly conflicts arise. It is better, then, to establish the necessary path in court. An important document leading to a positive settlement of the application regarding development conditions is the preliminary agreement concluded with the owners of the media for the development of utilities. Energy companies are the administrators, plumbing and gas. If the area has no sewage system or the sewage treatment plant is unable to accept the next portion of sewage, it is possible to build your own treatment plant, but it is quite an expense. Similarly, in the absence of a water supply, it is possible to drill or dig a well. In such cases, a preliminary contract with project contractors is attached. Anyway, the investor must ensure himself access to the media.