Do you disagree with the changes in the zoning plan? Have these changes directly affected your land or neighbourhood and are you worried that they will make your life much more difficult? Don’t give up and defend yourself. You have several options. You can either get involved directly in the negotiations on the new zoning plan or you can defend the zoning plan that has already been adopted. How to do it? Find out in this article.
A municipality’s zoning plan is a document issued by the municipality that establishes the concept of development of its territory, the layout and functional use of areas. Its main purpose is to determine whether and how development can take place in a given area. It also specifies the requirements for individual buildings so that they are in line with the planned use of the territory and respect the needs of the inhabitants and the environment. In addition, the master plan contains plans for infrastructure development.
Tip: For more information on what a municipal master plan is, what it contains and how to navigate it, see our article.
A spatial plan is developed through several key steps. First, the municipal council decides on the need to create a new master plan or amend an existing one based on an analysis of the current state of the area and demographic and economic trends.
The municipal council itself, public authorities, citizens of the municipality or natural and legal persons with property interests in the municipality may submit a proposal for change. After approval by the municipal council, the preparer shall prepare a draft terms of reference for the creation of the new plan, specifying the objectives and methodology.
This is followed by the drafting of the actual master plan by experts, including the text and graphic part. After discussion and possible modifications, the council approves the final version of the plan, which comes into force when the public notice is posted on the official notice board.
Tip: Are you curious about how exactly the zoning change is done, who can propose it and how you can get involved? Then you must not miss our next article.
It is not worth underestimating the impact of a zoning plan, as it can have a significant impact on your whole life. First and foremost, it can significantly harm you as a property owner in a municipality. For example, it can change the character of the area around your house from residential to industrial or commercial, and factories or department stores start to be built around your house.
It may even happen that a piece of land you bought for several million with the plan to start building on it becomes an area that is not intended for development. Not only will you lose the opportunity to build a house there, but you will also lose out significantly as the land will drastically lose its value.
It is not only for these reasons that it pays to know how to defend yourself against a zoning plan. The zoning plan is a measure of a general nature and the options you can use to defend yourself are determined accordingly. First of all, you can actively involve yourself in the process of amending the zoning plan. However, you can also defend yourself against a zoning plan that has already been adopted, specifically by initiating a review and a motion to annul it. Let’s look at each of these options in more detail.
Has there been a zoning change that you disagree with?
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If you have property interests in the village (e.g. you own a business or land here), then you have the opportunity to get involved in the actual process of discussing the new master plan. You can submit written comments or objections to the master plan, and you can also attend the public meetings where the master plan is being discussed and make your comments in person.
Virtually anyone can make comments, but only those who are directly affected by the change (for example, if the change affects your land or neighbouring land) can object. The written objection must contain certain information, such as your identification details, information about the property affected, etc.
Hint: We have discussed more about how to object and how to get involved in the master plan change in our next article.
You can submit a petition for a site plan review if you believe that there has been a violation of the statutory rules or if the site plan is inconsistent with the overall land use planning (e.g., it is inconsistent with the countywide land use development principles). This may also be the case if you disagree with the way objections you have made during the process of adopting the plan change have been dealt with.
Anyone can file a petition for a site plan review, and the review process can be initiated within one year of the effective date of the new site plan.
The petition must be sent to the regional authority under which the municipality falls. The review procedure will only be initiated if the regional authority assesses your complaint as justified (i.e. if there are real doubts about the legality of the zoning plan amendment). If the regional authority assesses that there has been a violation of the law in the case of a zoning plan amendment, it will partially or completely cancel the new zoning plan.
Tip: If the regional authority does not initiate a review, you can still turn to its superior authority, the Ministry of Regional Development. To do this, you need to send a request for an inactivity measure.
A submission for a site plan review should include the following sections:
Another option is to apply to have the planning permission revoked. This is taken to the county court and in practice is an action. However, you can only use this option if the zoning plan has abridged your rights. This can happen, for example, by changing the character of your land to prevent you from building on it, or by creating a buffer zone or infrastructure that encroaches on your land.
Tip: Want to file a lawsuit against a zoning ordinance and not sure if you’ll win? We will assess your situation and propose a solution that will lead to the desired outcome.
The court decides whether the zoning plan complies with the law and whether it respects the principle of proportionality – that is, whether the interference with your rights and freedoms was reasonable and fair, i.e. not excessive and unnecessary.
Even in this case, the regional court can annul the zoning plan within one year from the date it came into force. If the regional court rejects your application, you can still lodge a cassation complaint with the Supreme Administrative Court.
Tip: You can find out how to file a cassation complaint in the next article.
A land use plan can significantly affect the lives and property interests of the residents of a community. It is therefore important to know how to defend against it. You can become actively involved in the process of making or changing it, submit comments and objections, or use legal tools such as a petition for review or a motion to repeal. When in doubt, don’t be afraid to use our expert assistance to help you navigate the defence process as best you can.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
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