Planning damage

What is a planning damage?

The planning damage is connected with the municipality’s activity in the field of planning and spatial development and, more specifically, with the enactment or amendment of local spatial development plans. These plans have the status of normative acts and directly shape the content of the right to property located in the area covered by their regulation. By virtue of the local spatial development plan, it is possible, inter alia, to impose a total ban on development or a prohibition on erecting a specific type of building, to indicate the maximum size of a building that may be erected on the land, to establish the building line, to set the conditions for subdivision of the property, etc. The content of the local spatial development plan may lead to significant changes in the property rights in the area regulated by the plan. The content of the local plan may lead to significant restrictions in the manner in which the property may be developed or used.
The prohibitions and restrictions introduced negatively affect the content of the property ownership right and the owner’s possibilities to use the property. The negative impact of local development plans on property ownership is precisely the first and essential form of planning damage.
In addition to the depletion of the owner’s rights, planning damage may take the form of expenses or expenditures that have been lost due to the adoption or amendment of the local development plan.

Examples of planning damage:

• decrease in the value of the property resulting from the depletion of property rights,
• incurred expenses, costs, inputs, materials that have lost their economic sense,
• the costs of the fees of experts, architects, experts,
• expenses, costs, inputs, materials, the purchase of which has become necessary,
• costs and fees associated with the need to amend administrative decisions previously issued.
  Legal status as at 12.06.2024