Municipal zoning: what will happen to your land?

JUDr. Ondřej Preuss, Ph.D.
10. October 2024
8 minutes of reading
8 minutes of reading
Other legal issues

The zoning plan plays a huge role. It determines what grows behind your house, where the city builds a new park, or whether your garden becomes a building plot and doubles in price. In this article, we’ll tell you what you’ll find in a zoning plan and describe the process by which it is created.

What is a zoning plan

Spatial planning has a long history that goes back to ancient civilisations, such as ancient Roman town plans. However, modern spatial planning evolved in response to the Industrial Revolution of the 19th century.

The rapid development of cities and industrial centres created the need for organised planning and regulation of the growth and development of urban areas. The poor sanitary conditions of overcrowded cities – congested accommodation and work areas, inadequate water and wastewater infrastructure and poor air quality – played a key role.

A municipal spatial plan is a document that determines how a municipality’s territory will be used and developed in terms of urban planning, infrastructure, environmental protection, etc. It is a strategic plan that sets out zones for different types of use (residential, industrial, agricultural, etc.), transport infrastructure, green spaces, nature conservation and other elements.

What you can find in the spatial plan

The spatial plan consists of a text part, which contains legal provisions and conditions, and a graphic part, which shows the delineation of the different zones and their functional use on maps. The graphic part is key to the visual interpretation of the plan and its application in practice.

In particular, it provides a categorisation of all areas and their possible uses. Areas can be either stable areas, where the use has not changed since the last master plan, or areas of change, where a change from existing use to new uses is planned.

You may come across terms such as, are areas of mixed residential – rural, where you can build a family house under certain conditions. However, you often have to meet certain criteria regarding construction – for example, houses cannot be built in a row, houses cannot have more than two storeys or must have a gable roof.

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The municipality also designates shared spaces. These can be, for example, areas of technical infrastructure mapping the location of utilities or areas of public spaces where you can find a municipal park.

An important part of the master plan is the justification for the master plan, which includes the reasons for issuing the plan, an analysis of relevant factors, and the considerations that led to its formulation. It also includes an assessment of environmental impacts, economic impacts, etc.

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Why is the land use plan important

You should be interested in the spatial plan for several reasons:

  • Changes around you: the spatial plan will give you an insight into the future of your neighbourhood. It will give you an insight into what will happen to that abandoned lot behind your house or whether a new park will be built near you.
  • The value of your property: a zoning plan can dramatically change the value of your property. If areas of transport infrastructure, for example, appear behind your house, this is likely to lead to a sharp drop in price, because nobody wants to live on a busy road. Conversely, if you find an area of amenities where the municipality plans to build a sports ground and a new school, the price is likely to rise.
  • Buying a property: if you have a plot of land in mind, be sure to look at the master plan. This is superior to the land registry. Thus, in the cadastre it may be arable land, while in the zoning it may be mixed residential land.
  • Building a house: If you are going to build a house, again be sure to consult the zoning plan. This is often quite specific as to what building on the site can look like. This will help you avoid having an expensive project rejected.
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The importance of the master plan can be easily illustrated by an example:

Mr. Novak lived happily in a small family house in a quiet residential area on the outskirts of the city. At the time he bought the house, there was a zoning plan in place that designated the area as mixed residential. The neighborhood was mostly single-family homes and green spaces.

One day the city decided to change the zoning of this part of town. The new plan allowed a new shopping center to be built right next to Mr. Novak’s house. The brand new shopping center disrupted Mr. Novak’s happy living in many ways.

First and foremost, it attracted more people, traffic in the neighbourhood increased and the overall atmosphere of the residential area was negatively transformed – the quiet suburb became one of the busiest places in the city. Mr Novák had to deal with traffic jams and increased noise from the traffic and parking lots of the new shopping centre. Quiet evenings in the garden became passé.

On the other hand, the zoning change may also look like this:

Mrs Novotná lived in an old block of flats surrounded by concrete and adjacent to a disused factory. The city’s new master plan decided to revitalize this part of town, converting the old factory into a school and building two parks.

The new green areas and the school attracted new residents and businesses, which changed the overall character of this part of town. Mrs. Novotna was able to enjoy not only the new parks right in front of her apartment, but also the many new services and opportunities.

Where to find the master plan

The Village’s Zoning Plan is a public document and can usually be found on the Village’s website. If you can’t find it online, you can contact the municipal office directly and they will provide you with access to the current version of the Master Plan. In addition, it is also available at the regional office under which the municipality falls, the building office or the planning office.

Spatial development principles and regulatory plan

The spatial development principles and the regulatory plan also have an influence on the form of a specific land use plan.

Development principles

The spatial development principles are created at the level of the region. It is therefore the overarching document that municipalities in a given region must follow when developing their land use plans. It differs from the spatial plan in that it is much more general, thus creating room for specification within individual spatial plans.

Their purpose is therefore to coordinate and roughly set the development of individual municipalities, to plan infrastructure that extends beyond individual municipalities, possibly linking to other counties (e.g. new roads passing through several municipalities to a neighbouring county) and various public utility structures extending beyond individual municipalities. It also aims to preserve the cultural and historical values of the region. The spatial development principles also include an assessment of the impact on sustainable development. This consists in protecting the environment, the economic development of the region and the overall cohesion of the local population.

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Regulatory plan

While the spatial development principles stand above the master plan, the regulatory plan is a subset of it. The Regulatory Plan further specifies how to deal with a certain part of the territory of a given municipality. It is therefore more detailed than a zoning plan.

The basic unit is the land. You will therefore find specific plans for the use of particular plots of land – for example, the exact location of buildings and their layout. You can therefore find drawings of buildings on specified plots, their orientation and purpose (e.g. the upper floor of a building will be residential and the lower floor will be used as commercial space).

Its aim is usually to preserve the characteristic features of the buildings in a given location and to coordinate the technical and transport infrastructure in the defined area. The principles of environmental protection, economic development and preservation of cultural and historical values also apply here.

Summary

The municipality’s spatial plan determines how the municipality’s territory will be developed and used. It establishes zones for different types of use, including residential, industrial or green areas, and transport infrastructure. It consists of a text part with legal provisions and a graphic part with maps detailing the use of each area.

The zoning plan affects property prices and can significantly change the surrounding environment. It is a public document that is available at the municipal office or online. Important components include the Land Development Principles, which coordinate development within the county and protect cultural and historic values, and the Regulating Plan, which then details specific land uses and building layouts.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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