Construction of houses held for years

The amendment to the Act on the Protection of Agricultural and Forestry Land, which entered into force on 24 September with the improvement of spatial planning, introduced crucial restrictions for owners of agricultural parcels. To date, agricultural property holders of classes I to III in comparatively urbanised areas have become the first affected effects of the reform, the effects of which have not been widely discussed.

According to our law firm's analysis, the current standard of Art. 7(2a) of the Act on the Protection of Agricultural and Forestry Lands, applicable until 24 September, allowed owners of tiny agricultural properties of classes I to III to convert them to residential purposes of up to 0.5 ha, if they were located close to existing buildings. However, after the changes introduced by the improvement of spatial planning, these opportunities have been importantly reduced.

By 24 September, in order to get a decision on the building conditions for specified a site in a compact area, it was essential to meet conditions specified as a distance of not more than 50 m from the construction site boundary and from the public road. Failure to meet these requirements required the approval of the Minister for agrarian Development. For another classes of agricultural parcels, specified restrictions did not apply.

After 24 September, in accordance with the fresh wording of Article 7(2a), the usage of agricultural land of grades I to III for non-agricultural and non-forestous purposes in the areas of construction completion does not require the approval of the Minister. However, the concept of a ‘building area’, which can only be designated in general plans, is crucial.

As a result, the conversion of high-quality land, peculiarly those close to urban areas, now depends on the general plan in force or the possible approval of the minister. In the context of this fresh provision, the adoption of general plans by municipalities is not likely in the short term, they have until the end of 2025.

It should be stressed here that those affected by these changes must either wait for a general plan to be adopted with the designation of a construction area, or convince the municipality to adopt a local plan for the area. It is worth noting that decisions of the municipality are not subject to appeal to the administrative court if they do not take into account the requests of the inhabitants.

In addition, the amendment strikes those who obtained the building conditions for agricultural parcels of classes I to III before 24 September, but did not initiate the exclusion of land from agricultural production. It is worth noting that the amendment of the provision does not affect the improvement industry, as it mainly afraid smaller investments, and improvement investments were marginally covered by this provision.

Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.

Contact us now. We'll review your case and see precisely what we can do about you. Our experts have already helped a number of clients who thought they were already in an impossible situation.

Attention! This article should be considered as a clue, a hint, not a prescription, how to solve your own problem. The legal opinion has no binding power for offices, courts, so we urge that legal matters be consulted straight with a lawyer. Each case is different and requires individual analysis.

Write us or call us now.

579-636-527
[email protected]