The purpose of each land property is determined by a Detailed Development Plan / DDP /. In order to change the purpose for construction, a change of the detailed urban plan is made for the respective zone or for the specific property. Here it should be taken into account whether such planned construction is allowed by the General Development Plan / Master Plan / in the places where such is adopted.
The procedure for amending the PUP is two-stage.
- STAGE ONE - submission of a Request for admission of a change of the Detailed Urban Plan to the mayor of the municipality. The following documents must be attached to the request:
- property ownership document;
- sketch of the property;
- terms of reference;
- sketch - proposal for amendment of the plan (clarifying the intentions of the investor),
- consent of the owners of neighboring regulated properties (if related low-rise construction is required),
- and others depending on the circumstances.
Within the statutory 14-day period from the receipt of the request, the mayor, based on the opinion of the Chief Architect, allows or does not allow the requested change by issuing an Order.
- STAGE TWO - The prepared project is submitted to the municipality in triplicate with a sample application and attached documents. Neighbors are officially notified of the change and in case of objection have two weeks to object. After the expiration of the term, if there is no objection, the project is submitted for consideration to the Municipal Expert Council for Spatial Planning (OES). The OEC issues a decision on the basis of which the mayor issues an order for approval of the PUP.
This stage procedure takes more time - about 4-5m.
If you are in a hurry, the legislator has provided for the possibility of a faster procedure, which uses a complex project for investment initiative. In this case, the amendment of the Detailed Urban Plan is carried out simultaneously with the issuance of the construction permit.
IF YOU WANT TO USE AGRICULTURAL LAND FOR ANOTHER PURPOSE, IT IS NECESSARY:
- to go through a procedure for changing its purpose. It is allowed only in case of proven need and under legally determined conditions and order, according to the Law for protection of the agricultural lands (LPAL).
The procedure starts with:
• Request for inclusion of the land and for allowing the elaboration of a detailed urban plan to the mayor of the municipality in the area where the property is located.
The following documents are attached to the request:
- proof of ownership;
- sketch from the municipal service "Agriculture and Forests",
- Protocol from the Municipal Road Administration and the Traffic Police at the Regional Department of Internal Affairs (if the property is adjacent to a road of the national road network);
- sketch - proposal for amendment of the plan;
- list of names, addresses and, if possible, telephone numbers of all interested owners;
- opinion from RIEW, etc. depending on the circumstances.
The mayor makes a proposal to the Commission for change of the designation of agricultural lands at the Regional Directorate of Agriculture, which decides with a reasoned decision whether the change can be implemented. In case of a positive decision, the mayor issues an Order for allowing the elaboration of a detailed urban plan. Based on the order, the investor prepares a detailed urban plan.
Then the procedure continues until a building permit is issued.