Spatial planning

Spatial Planning

This category includes all urban procedures which precede and clarify the status and the identificators of the property before the complex investment design of particular  building.

The basic reason for doing this is because of:

• change of use of agricultural land;
• settlement of land for the purpose of construction;
• modification and adjustments of existing cadastral plan;
• changing of the construction of regulated properties (for example, you want to buildsharing a common wall with a neighbour);
• partition / consolidation of regulated real estate, etc.
For this purpose, different types of plans are to be prepared - DDP (Detailed Development Plan)
What is DDP/detailed development plan/?
The detailed development plans (DDP) specify spatial planning and development of territories of settlements and their lands, and the particular purpose of any land. Provisions of the detailed plans are mandatory for investment projects.
The detailed development plan (DDP) is created based on the general urban plan. When there is no master plan for a certain settlement, a DDP is created.
Depending on the case, detailed plan accompanied by plans for vertical planning, scheme-plansfor communication and transport network, water supply, sewerage, electricity, from plans for landscaping and public works, geological exploration, gas, heating, telecommunications , etc. are approved simultaneously with the detailed development plan as an integral part of it; size of the networks and facilities in volume sufficient for issuing a visa.
Types of detailed development plans / DDP /:
• DDP - PRC- plan for regulation and construction - plan for regulation of streets and landed properties and construction mode;
• DDP - RP - regulation plan - plan for regulation of streets and land without constructionmode;
• DDP - PSR - a plan for street regulation - regulation plan only of streets and landed properties for objects of public property;
• DDP - PC - plan for construction;
• DDP - WDP - working development plan - construction plan and skyline design, etc.
Creating or modifyingDDP (Detailed Development Plan)
Steps:
The procedure for making or amending DDP passes through two stages.
1. Requiring admission of making / changing DDP
The request for elaboration or change of the detailed development plan shall be submitted to the mayor by the property owner or representative with a notarized power of attorney.

Necessary documents:
• application form;
• document (s) of property;
• sketch of the property;
• combined sketch in case there is an effective cadastral map;
• taking geodetic measurements the property and project regarding part Geodesy;
• taking measurements of existing vegetation;
• paid fee;
• sketch-proposal (motivated proposal), clarifying what are the investment intentions of the owner;
• technical specification
• written consent of the owners of the neighboring estate planning if related low rise construction is required;
• preliminary agreement for transfer of ownership with notarized signatures /art. 17, paragraph 2, item 2 and 3 of the Law on Spatial Planning / (if necessary) , etc.
Within 14 days of receipt of the application, the mayor admitts or denies making or changing the design of DSP based on the advise of the chief architect.
2. Final design for manufacturing / change of Detailed Spatial Development Plan
In case of a positive response to the request for admission, a detailed master development plan is to be made - a final project. Under the guidelines of the order for releasing of the final Detailed Spatial Development Plan should be consistent with the ones pointed  in its state institutions, electrical, water and sewage  companies, etc. Then again projects are submitted to the municipality for processing and approval.
Necessary documents:
• application form;
• document (s) of property;
• paid fee;
• Project for DSP in 3 copies - one original and two copies and digital model in a CAD format of the graphic part;
• all necessary coordinating opinions, depending on the specific project of territorial administrations and specialized control bodies,Regional Inspectorate of Environment and Water operating companies - water, sanitation, electricity and green systems for geological surveys, heating, gas, etc. depending on the case .
The final draft of DSP is reported officially to the interested parties - neighbors. Within two weeks they can make written comments on the draft to the municipal administration.

Within a period of one month after the deadline for appealing the project together with eventual objections, suggestions and requests, the project development plan is considered by the municipal expert council.

If the Detailed Spatial Development Plan /DSP/ returnsfor full or partial processing, provided by law procedures shall be conducted again with new running deadlines.

The order for approving the DSP effects from the date of approval when they are not subject to appeal; after the deadline for appeal, if not appealed; or from the date of confirmation by the court whose decision is final.

When the DSP is approved, the owner can take action regarding the investment planning and construction in the property.
The whole procedure is very complicated and with all the necessary coordination letters takes a minimum of three months, and often much more. This should be considered before proceeding to the design and construction of particular building.
DSP with Complex design for investment initiative
Spatial Planning Act provides faster procedure for making DSP together  with an investment project for the building.
According to Art. 150. of the Spatial Planning Act on a reasoned request of the developer, the mayor of the municipality may authorize the production of complex design for investment initiative.

The complex project for investment initiative contains the following independent components:

• аetailed Spatial Development Plan, including Work Development Plan when such is necessary;
• investment project for the specific building
Parts of the complex project for investment initiative is approved simultaneously with the issuance of a building permit.

The approval of parts of the complex project for investment initiative and the issuance of a building permit fees are collected separately with a 30 percent increase over due.

The duration of the complex project for investment initiative is two years from the date of issuing  the last act - the building permit unless its action is not stopped by the court or by other compelling reason.

Who are the interested parties?

Interested parties in the coordination and approval of development plans and their modifications are the owners and holders of limited real rights according to data from the Land Registry, whose properties are directly affected by the provisions of the detailed development plan.

Directly affected by the provisions of the detailed development plan real estate are:

• properties - subject of the plan itself;
• neighboring properties when incorporated into connected construction (common wall);
• neighboring properties, including properties next street when reduced distances are allowed;
• neighboring properties when the purpose of the property is changed- subject of the project according to Detailed Spatial Development Plan;
• properties that fall within specified with hygiene protection zones, required for the intended construction plan.