Published : 2023-08-28

The Requirement of Planned Development as an Exception to the Principle of Freedom of Development

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.

Keywords:

spatial development plan, liability, principle of law, right of ownership of real estate, planned development



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Roczniki Nauk Prawnych · ISSN 1507-7896 | eISSN 2544-5227 | DOI: 10.18290/rnp

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