How to clear a plot of land for building a house? That is, a change of destiny!
You must be wondering how to do all this?
A good piece of advice is to try to do things that require a lot of time in stages and divide them into easier-to-implement processes. Clearing a plot of land is a common procedure nowadays. In the regulations, and more precisely on the basis of the Act on the Protection of Agricultural and Forest Land, it is defined as a change in the intended use of agricultural or forest land for other purposes by changing the Local Development Plan or adopting a plan for this area. Taking into account that plots outside urban areas are often forest plots, you should consider whether the peel is worth the layette...
If we have a local spatial development plan (MPZP) in a given area, this plan clearly defines the area and its purpose..
The first thing worth paying attention to is the type of land, the so-called valuation classes.
We can obtain this information from the seller or we can check it in an extract from the land register, which can be obtained for a fee from the local geodetic department.
I, II, III a, b are organic lands that are characterized by high value for agricultural production. In the case of such valuation classes, the applicant may receive a refusal from the starosty to de-agriculturalize such a plot. Regardless of whether you obtain consent or refusal, you will receive a document issued in the form of an administrative decision.
The next group is soil of poorer quality, i.e.:
IV(a, b), V, VI are land of lower value for agricultural production.
In this case, the decision is usually favorable to the applicant and the starosty excludes the land from agricultural production.
Of course, for land already marked as construction, such decisions are not required.
The next category is forest land, here we are dealing with a different administration, because the management of forest land is handled by the State Forests organization and it is to them that we must send the application to exclude forest land for development. We may also encounter a situation where we receive development conditions for a plot only for the part that is not marked as forest, because the remaining part belongs to another ministry/administration. Also remember that a plot without trees or forest may appear in the register as forest land! Please also remember to have a land ownership deed or a preliminary agreement with an annotation, the so-called "the right to use real estate for construction purposes".
From a practical perspective, the process can be described as follows:
- application from the county office or state forests,
- land development project with a land balance, exactly how much of the plot will be available for development and how much for permanent investment,
- excerpt from the local development plan,
If there is no plan, then:
- decisions on development conditions for the plot,
- excerpt from the land register,
- Additionally, a declaration of the value of the land or its valuation by an appraiser may also be required,
- opinion on the state of tree cover,
- inventory of the existing forest performed by the forestry department.
Of course, obtaining each document above requires paying a fee to the entity issuing the document.
Also check whether the plot is located within the city.
Based on the act of 2008, which abolishes the protection of agricultural land in the city, this means that in the case of villages, the decision on de-agriculture is issued by the starosty. Similarly, in the case of the city, competences were transferred to the city government.
When the plot is not covered by the Local Development Plan
then we must apply for a decision on the development conditions for the plot.
As you read earlier, the land valuation class may influence the final decision from the starosty or extend the entire process of de-agriculturalization of the plot.
In the case of classes I, II, III (a, b), the decision on development conditions may only take into account farm and residential development, and it will not be possible to build what was in our plan.
In the case of complicated, complex matters relating to plots or land, it is worth talking to a proven real estate advisor, because the subject of plots is very extensive and the regulations change very often.
You will learn what documents you need to submit to an application for development conditions in the next article.