Buying Land: Technical Details We Should Be Aware Of

Quick Overview

• Check the zoning plan to see if the lot allows for the intended construction and what restrictions apply to it.
• Check with the owners or operators of any utility lines on or near the property. Determine the connection requirements, the necessary capacity, and the estimated costs.
• The access road to the property must also provide the necessary legal access. A simply worn-in path is not sufficient.
• Check for planned changes in the surrounding area, such as new roads, apartment buildings, or industrial complexes.
• Incorporate the seller’s key assurances and the terms of purchase into the contracts before signing them.

Before you commit to the purchase, we can assist you with a legal review of the land purchase to verify the contracts and ensure legal access rights.

What details should you focus on when considering a property?

When buying land—whether developed or zoned for development—most people are primarily interested in its location within the landscape, the view, and proximity to a larger city, cultural amenities, schools, and government offices. All of this is perfectly fine, and there’s nothing wrong with it. In addition to their romantic visions of their future home, prospective buyers should also include more technical details in their considerations and determine whether these might work against them. Such technical details include, for example, the possibility of connecting to utility networks, the distance from roads, and the detailed parameters of the lot as specified in the zoning plan.

For example, the cost of establishing public infrastructure can significantly increase the overall investment.

When purchasing land , it is therefore essential to have a detailed understanding of both the municipality’s zoning plan and, to be on the safe side, the regional zoning plan as well. Although these two documents should be consistent with one another, it is possible that certain information may be added to one of them slightly later, meaning you might miss a crucial detail. You should be interested not only in facts concerning the plot of land you have your eye on, but also in its immediate and wider surroundings.

Zoning plans are filed and available for review at the relevant municipal office, building authority, zoning office (for municipalities with expanded jurisdiction), and the regional office under whose jurisdiction the municipality falls.

Utilities on the Property: What to Check Before Buying

The phrase “utilities at the property line” does not necessarily mean that your planned home will be connected to them. Distinguish between utility lines in the vicinity, an existing connection, and a connection that is actually guaranteed.

Request any available documentation from the seller and verify the following with the owners or operators of the individual utility networks:

• Exactly where the utility lines and any connections are located and who owns them.
• Whether the intended building can be connected, given its requirements for water supply and wastewater disposal.
• What work, costs, and time will be required for the connection.
• Whether the connection will run across someone else’s property and how this will be legally secured.
• Whether the utility lines and their right-of-ways restrict the placement of the house.

For electricity, keep in mind that a new service point requires a connection application. The mere presence of a utility pole or distribution box near the lot does not constitute a completed connection.

If the seller promises to complete the utility connections only after the sale, insist that the contract specify exactly what the seller will provide, by what deadline, who will bear the costs, and what the consequences will be if these obligations are not met. Have a designer assess the technical feasibility; address the legal enforcement of these obligations when drafting the contract.

Access Road to the Property: It’s Not Enough Just to Be Able to Get There

The access road to the property must be suitable for its intended use, both technically and legally. Inspect the entire route from the public road to the parcel, including short sections crossing neighboring properties.

Find out who owns each plot of land and the basis for the right to use the access route. Access may be secured, for example, through ownership of the right-of-way, an easement, or public use of the road. If the legal status is disputed, the cadastral map alone will not resolve the issue.

In the case of an easement, also review the contract that established it. According to the Civil Code, a trail easement does not in and of itself guarantee vehicle access. Therefore, the scope of the authorization is important, not just the general information that there is an “easement” on the path.

Work with the designer to verify the width, slope, load-bearing capacity, and connectivity of the road. Consider both normal traffic and construction-related traffic.

If access has not been resolved, do not rely on the court to automatically grant it after the purchase. Permission for a necessary right of way is subject to legal conditions and is typically accompanied by compensation.

Does the access route cross someone else’s property? Before signing, have the contracts and the legal arrangements for access to the property reviewed.

What can you learn from a zoning map?

Put very simply, it’s actually a multicolored map full of symbols that tell you what type of area it is and what function it’s supposed to serve in the municipality.

Some of the most common abbreviations include:

• OB – purely residential – An area designated for housing.
• OV – General Residential – An area designated for housing with the possibility of including other functions to serve residents.
• SV – General Mixed-Use – An area designated for multifunctional buildings or a combination of single-use buildings, where no single function exceeds 60% of the total capacity of the area designated for that function.
• SMJ – Mixed-Use City Core – Areas designated for a combination of functions, including residential use, concentrated in the central parts of the city and the centers of city districts. A minimum residential proportion is specified for the central part of the city.
• VN – Non-Disruptive Manufacturing and Services – Areas designated for the placement of service and manufacturing facilities of all kinds, including warehouses and storage areas, which must not, through their impacts, disrupt the operation and use of surrounding buildings and facilities or degrade the environment beyond permissible levels.
• SP – Sports – An area designated for the placement of buildings and facilities for sports and physical education.
• SO – Recreation – An area with limited development potential intended for recreation, leisure, and outdoor sports activities that do not significantly disrupt the natural character of the area. Greenery is a key component of this function.

The zoning plan also establishes certain regulations that specify how a given area may be used. Codes designated by the letters A–K are defined for this purpose. These are listed after a dash immediately following the aforementioned area code. For example, SV-C, SV-G.

The individual letters (codes) indicate the types of structures for which the area may be used. For example, “A” may refer to single-family homes, “C” to commercial buildings, and “G” or “H” to compact, urban-style development.

We can also find the land-use classification code here.

It is defined as:

• the floor area coefficient (KPP)—from which the building coverage coefficient can be derived. This coefficient determines the volume of the building. A building with the same volume can be low and wide, or tall and narrow.
• the green space coefficient (KZ), which indicates the proportion of green space relative to the total area of the site.

The number of stories is an auxiliary parameter in the zoning plan used to determine the green space coefficient (KZ).

In general, the zoning plan is very important to us if we want to build, as it provides the parameters and limits for such construction. Of course, the zoning plan does not stipulate that our house must be green with a south-facing entrance, but typically we’ll find definitions of lot boundaries, construction conditions (building height limits, specifications on what percentage of the lot can be built upon, or that the area is designated for the construction of single-family homes in a specific style). The zoning plan may designate areas subject to special regulations, such as historic districts or buffer zones for nature reserves.

All of the above can also significantly affect the price of the land or, in some cases, allow us to negotiate a lower price.

The Land-Use Plan Outlines the Future

The public can also participate in the development of the zoning plan. Under the Building Act, anyone may submit written comments on the draft zoning plan within 15 days of the public hearing. Comments must include a justification and a description of the affected area. The planning authority will evaluate the comments; however, submitting them does not guarantee that the requested change will be made.

In this procedure, objections to the draft are not filed in accordance with Part Six of the Administrative Code. For procedures initiated earlier, transitional provisions may apply. Therefore, follow the specific public notice and verify the applicable rules and deadlines in a timely manner.

From legal practice:

It pays to study technical documentation and future development plans for the immediate vicinity of a property you’re considering, even if you don’t currently plan to build. Mr. Petr was planning to buy an apartment in Prague’s Břevnov district. He found a three-bedroom apartment in a location that, while relatively close to the Blanka Tunnel exit, still seemed relatively quiet and peaceful. The windows faced a green space and effectively muffled any noise. When Mr. Petr asked whether anything was planned for the adjacent lot, the real estate agent told him that a four-story apartment building would be built there. However, the construction would take place behind mature trees and would not significantly affect the view from the apartment or any other factors.

Mr. Petr contacted Dostupný Advokát to request a review and feedback on the purchase agreement. After hearing his description of the situation, our attorneys decided to verify everything just to be sure. They examined the real estate cadastre as well as related available documentation and the developers’ plans. Their findings revealed that a seven-story hotel with shops and a fitness center was to be built in the immediate vicinity of the building, which would completely alter the view from the apartment, the lighting conditions, privacy, and, above all, the level of noise on the street. Not to mention the very unpleasant period during the hotel’s construction itself. After considering the situation, Mr. Petr therefore withdrew from the purchase. Shortly thereafter, we prepared a purchase agreement for him for an apartment located one kilometer away.

Summary

Before purchasing a plot of land, verify its permitted uses, construction conditions, and any planned changes in the surrounding area. Read the zoning plan along with its text section, and also review the region’s land-use development guidelines. Regarding utility networks on the property, determine the actual condition of the connections, connection options, and associated costs. The access road to the property must be suitable for its intended use and have sufficient legal security. Include the essential terms of the purchase and the seller’s obligations in the contracts; consult with a designer regarding the technical feasibility of the project.