Legalfinancial consequences of passing (changing) a local plan of spatial development for an owner (a perpetual usufructuary) of a real estate

Abstract

The article refers to legalfinancial consequences of passing either changing a local plan of spatial development, which can touch an owner (a perpetual usufructuary) of a real estate. These consequences are stated first of all in the Planning and Spatial Development Act of 27th March 2003 (consolidated text: Journal of Laws of 2018 item 1945 with later amendments). This paper intends to outline a normative situation of the owner (the perpetual usufructuary) of the real estate as an entity who experiences these consequences. On the ground of the above-mentioned act two situations have been separated, in which this entity may find himself. In the first situation he will have to pay a single charge for the benefit of commune, when there will be a connection between the passing (changing) a local plan of spatial development and increasing in value of the real estate disposed by him (see article 36 item 4 of the Planning and Spatial Development Act). Whereas in the second situation, it’s the owner (the perpetual usufructuary) of the real estate will have specified financial rights towards the commune, at the same time this situation will occur for example, when he won’t be able to take advantage of the whole or the part of the real estate and this will be connected with the passing (changing) a local plan of spatial development (see article 36 item 1 of the Planning and Spatial Development Act).

Keywords

• local plan of spatial development
• single charge
• damages
• real estate
• ownership
• perpetual usufruct