Umowa urbanistyczna w procesie rewitalizacji – charakter prawny i konsekwencje prawne jej zawarcia
Urban Development Contract in Urban Regeneration Process – Its Legal Aspects and Legal Consequences of Its Conclusion
Author(s): Piotr RuczkowskiSubject(s): Law, Constitution, Jurisprudence, Civil Law, Policy, planning, forecast and speculation, Rural and urban sociology
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: urban development contract; urban regeneration; spatial planning and management; legal framework; deprived areas; building law;
Summary/Abstract: In the study, the author focused on the analysis of the legal aspects of an urban development contract and legal consequences of its conclusion. The urban development contract is one of the spatial planning and management tools applied to carry out effective urban regeneration of the most deprived urban areas. It is an agreement concluded between two parties under the civil law provisions and was introduced to the Polish legal framework as a voluntary and negotiable instrument. When an investor enters into the urban development contract with a municipality, he does not only undertake to execute building projects at his own cost and expense but also transfer, free of charge, the ownership of the additional infrastructure such as technical and social facilities or residential units to the municipality within the scope indicated in the local urban regeneration plan. Investors may also be obligated to construct premises other than residential units and transfer their ownership to the municipality. Such supplementary infrastructure may be used for cultural, social, educational or sports activities performed by entities operating in the area under regeneration whose main objective is not to make profit. The urban development contract must be concluded as a notarial deed under pain of its invalidity. The conclusion of the urban development contract is a prerequisite for the obtaining a building permit for the main construction project or its part.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 67/2020
- Issue No: 1
- Page Range: 85-97
- Page Count: 13
- Language: Polish