Project for zoning decision
The zoning procedure is a decision on the measures to be implemented in a specific area. It is a decision on the exact destination of land for a specific purpose. An essential condition for the granting of a planning permission is that the proposed change in the area must be consistent with the land use plans of the municipality and the area. A further condition is the submission of the necessary documentation that takes into account the criteria set out in those plans and that includes all the required legislative elements. An important aspect of the land-use planning process is also the opinions of the relevant public authorities. The building authority, through the zoning decision, designates the area for the proposed purpose and sets conditions that safeguard the interests of all interested parties. It also decides on the comments of the parties to the procedure. The consent of the landowner is key to the decision on the location of the building or the use of the land. The building authority may only issue a decision on the location of a building or land use without the consent of the landowner if the land can be expropriated for the proposed purpose. The parties shall be served with the zoning decision by written notification. For large-scale projects with a large number of participants, the decision shall be notified by public notice. According to Section 32 of the Building Act, decisions are issued in the context of the planning procedure:
Decision on the location of the building
This decision has the task of defining the building plot, the exact location of the building on it under specified conditions, the required parameters for the design documentation and the period of validity of the decision. According to Section 39a of the Building Act, such a decision is not required for:
• Buildings for which detailed siting conditions are already specified in the zone plan.
• Small buildings.
• Building alterations and maintenance works.
• Buildings which will be located within existing buildings and will not alter their external boundary and internal layout of the space.
• Advertising structures.
• Small buildings.
• Building alterations and maintenance works.
• Buildings which will be located within existing buildings and will not alter their external boundary and internal layout of the space.
• Advertising structures.
In the case of clear conditions, the building authority may combine the planning procedure with the construction process. This applies in particular to simple buildings, extensions and superstructures. In other cases, this procedure may be used if the siting conditions are already laid down in the zoning plan. The zoning permit is valid for two years, for linear constructions it is valid for three years (with the possibility of extension by the building authority).
Land use decision
This decision allows the new use of a certain area and defines the rules and time period for this use. According to Section 39b of the Building Code, it is required for:
• Landscaping that significantly alters the ecological stability of the area, the appearance of the landscape, significant landscape features, or runoff conditions, such as excavations, trench backfilling, embankments, and land reclamation.
• The creation or removal of public gardens, parks, ornamental gardens and other green spaces where they are associated with landscaping interventions, the removal of greenery, pavements and hard surfaces, the placement of small landscaping and technical lighting and maintenance.
• Establishment or cancellation of sports fields, car parks and storage areas.
• Subdivision and consolidation of land, unless the zone plan, land improvement project, other resolution or measure specifies otherwise.
• Mining activities, as well as related works, unless this is shown by a special regulation (§ 27 of Act No. 44/1988 Coll. on the Protection and Utilisation of Mineral Resources).
The land use decision may be combined with the building location decision if the planned building is on the same lot. The validity of this decision is two years (possibly longer). You may also be interested in: interior design or low-energy house project.
• The creation or removal of public gardens, parks, ornamental gardens and other green spaces where they are associated with landscaping interventions, the removal of greenery, pavements and hard surfaces, the placement of small landscaping and technical lighting and maintenance.
• Establishment or cancellation of sports fields, car parks and storage areas.
• Subdivision and consolidation of land, unless the zone plan, land improvement project, other resolution or measure specifies otherwise.
• Mining activities, as well as related works, unless this is shown by a special regulation (§ 27 of Act No. 44/1988 Coll. on the Protection and Utilisation of Mineral Resources).
The land use decision may be combined with the building location decision if the planned building is on the same lot. The validity of this decision is two years (possibly longer). You may also be interested in: interior design or low-energy house project.
Decision on a protected landscape area
This decision determines the boundaries of the area of the protected landscape area, defines the activities that are prohibited or restricted to protect the public interest, and sets the conditions under which certain activities may be carried out in the area. These conditions may include prohibitions, restrictions or specifics on the carrying out of construction work, landscaping, mining operations, tree planting, tree spraying, soil fertilization, the use of high-frequency equipment and others. Where a protected area or buffer zone is established by a binding regulation or decision of the competent administrative authority, a decision on the protected landscape area shall not be issued. The building authority may grant an exemption from the decision on the protected area and protection zone. The length of validity of such an exemption shall be determined by the building authority.
Decision on building closure
This decision defines an area where construction activity is temporarily prohibited or restricted. The closure shall be imposed only for the time strictly necessary, for a maximum period of five years. This decision does not apply to maintenance work on the area. In justified cases, the building authority may grant an exception to this closure.
Frequently asked Questions
01. What is a zoning decision and why is it important for my project?
Territorial decision is a process by which the exact destination and purpose of land use in a specific territory is determined. This document is essential for setting the parameters and carrying out the construction project. It is important that the proposed change in the given area must be in accordance with the land use plans in the given municipality and area. The territorial decision ensures that the interests of all interested parties are taken into account and that the construction or use of the territory is carried out in accordance with legislative criteria.
02. What is the difference between a zoning decision and a building permit?
The zoning decision determines where and for what purpose construction or land use can be carried out, and sets conditions and restrictions. A building permit is a subsequent step that the building authority grants to authorize a specific construction project in accordance with the conditions specified in the zoning decision. The building permit enables the physical implementation of the project and is necessary for the start of construction work.
03. What are the key steps to obtain a zoning decision?
In order to obtain a zoning decision, it is necessary to submit the necessary documentation that corresponds to the criteria set out in the plans and contains all the required legislative elements. It is also important to obtain the opinions of the relevant state administration bodies. The consent of the land owner is key to the issued decision on the location of the building or the use of the territory, and the decision is delivered to the participants in the proceedings.
04. What are the types of zoning decisions and what are their validity?
There are different types of zoning decisions, including building location decisions, land use decisions, landscape conservation decisions, and building closure decisions. The validity of these decisions varies; for example, a decision on the location of a building is valid for two years (possibly longer for linear constructions), while a decision on the use of land may be valid for two years (or longer). The decision on the protected area of the country and the building permit have their own limitations of validity.