Wymóg zabudowy planowej jako wyjątek zasady wolności zabudowy
The Requirement of Planned Development as an Exception to the Principle of Freedom of Development
Author(s): Maciej BłażewskiSubject(s): Public Administration, Policy, planning, forecast and speculation, Rural and urban sociology, Administrative Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: spatial development plan; liability; principle of law; right of ownership of real estate; planned development;
Summary/Abstract: The requirement of planned development is an exception to the freedom of development, as well as it is the opposite of this freedom. Three features, which are characterizing this requirement. Firstly, the requirement of planned development, as an element of a special legal regime, is created in two stages. The legal provisions defines the framework of this special legal regime, and then the commune establishes this legal regime for a specific area. Secondly, the requirement of planned development is limited for spatial or spatio-temporal reasons. Thirdly, setting the requirement of planned development does not directly result in liability for damages for the decrease in the value of the property. This responsibility is connected with the passing the local spatial development plan.
Journal: Roczniki Nauk Prawnych
- Issue Year: 33/2023
- Issue No: 1
- Page Range: 7-19
- Page Count: 13
- Language: Polish