Can you build on this land?

Being within a building area is an important prerequisite for development, but only the starting point. Actual development potential follows from the land-use designation, the development status of the area, the rules for forming a building plot, road access, infrastructure and special protection regimes.

The spatial plan determines the permitted type of development, the minimum area and shape of the plot, the position and size of the building, the number of storeys, site-coverage and floor-area ratios and other design conditions.

Whether development is permitted is established by reading the applicable spatial plan together with special legislation and the physical conditions on site.

The exact number of the cadastral parcel and the name of the cadastral municipality are required for spatial planning verification. The same parcel number can exist in several cadastral municipalities, so the address or information from the advertisement is often not sufficient.

The land-register extract, cadastral plan and physical condition should be compared. The review should establish whether the area, shape and boundaries correspond to the official records and whether the proposed project covers one or more parcels.

Differences between the land register and cadastre, unclear boundaries on site and access across third-party land require particular attention. They may affect formation of the building plot, preparation of the design and proof of legal interest in the permitting procedure.

Several spatial plans may be relevant for the same land. Depending on the location, the spatial development plan of the city or municipality, the general urban plan, the urban development plan or another valid plan that determines in more detail the purpose of the space and construction conditions are applied.

The city or municipal spatial plan determines the boundaries of building areas and the principal land-use designations. A detailed local spatial plan may regulate the transport and infrastructure network, building plots, development method, maximum permitted height and other planning conditions in greater detail.

The cartographic representation should be read together with the legend and implementing provisions. The map shows the spatial position, while the text provisions determine the legal meaning of the displayed mark.

The check should include all valid amendments to the plan. Plans in preparation show the possible direction of future development, while the possibility of construction is determined according to the planning framework that is in force at the time of decision.

The land can be located in a built-up part of the settlement, in an area equipped with basic infrastructure or in a part that still needs planning and infrastructure development.

For parts of the construction area that are not built and equipped with basic infrastructure, an urban development plan is adopted. Such a plan determines in more detail the traffic and infrastructure areas, the use of space, building plots and the conditions of future construction.

An urban development plan is adopted for certain areas of urban transformation or rehabilitation, protected cultural-historical areas, parts of development areas on maritime domain and areas planned for urban consolidation. Direct implementation may be possible where a higher-level plan already contains the required degree of detail.

Before the purchase, it should be determined whether there is an obligation to adopt an urban plan, whether its preparation has been initiated and whether the valid planning framework allows immediate design. The answer can significantly affect the duration, cost and feasibility of the project.

The spatial plan determines the use of each area. Land may be designated for residential, mixed, commercial, hospitality and tourism, production or other uses, with additional conditions for particular types of building.

• the smallest area and width of the building plot
• site-coverage and floor-area ratios
• setbacks from plot boundaries and roads
• maximum height and permitted number of floors
• number of parking spaces
• proportion of natural or green terrain
• architectural form and roof design
• conditions for auxiliary buildings, swimming pools and other facilities

The conditions may depend on the type of building, the construction method, the existing development of the settlement and the location of the land. Special rules often apply to reconstruction, interpolation and construction within protected or historic units.

A building plot must have access to a road or other traffic area in accordance with the spatial plan. The review should establish whether access exists on site, whether its width and connection satisfy the planning requirements and whether the necessary property rights have been secured.

A road shown on a plan requires separate legal and technical review. It may be newly planned, partly constructed or routed across privately owned land. Securing access may require subdivision, creation of an easement or transfer of part of the land to a local authority.

The possibility of connecting to electricity, water, drainage, telecommunications and other required infrastructure should also be checked. The network's location indicates local availability, while the competent operator confirms capacity and the technical connection requirements.

The costs of building access, network expansion and infrastructure equipment can significantly change the economic calculation of the project.

Special regimes for the protection of nature, cultural assets, water, forests, agricultural land, transport and energy infrastructure and other restrictions determined by special regulations may apply to the land.

In coastal areas, maritime domain (pomorsko dobro) and the restricted coastal zone within the protected coastal area require particular attention. That zone includes a 1,000-metre-wide strip of land and islands and a 300-metre-wide strip of sea measured from the coastline, and is subject to special rules on planning, use and coastal protection.

• protective belts of roads and infrastructure lines
• watercourses and zones of sanitary protection
• cultural-historical entities and archaeological zones
• protected landscapes and ecological network
• forest and valuable agricultural land
• areas exposed to floods, landslides and other risks

Slope, soil stability, groundwater and geological composition may require additional research, special project solutions and higher construction costs.

Geoportal of the Spatial Planning Information System — ISPU — is the starting point for reviewing spatial plans and other publicly available information about space.

It is best to start the search with the number of the cadastral plot and the name of the cadastral municipality. After finding the land, the relevant layers should be included and checked:

• the boundary of the building area
• land-use designation
• coverage of spatial plans
• transport and infrastructure network
• special regimes and protected areas
• available data on issued construction documents
• plans and their changes in the process of creation

After the cartographic review, the appropriate spatial plan, legend and provisions for implementation should be opened. It is useful to save an extract of the reviewed layers together with the name of the plan and the date of verification.

ISPU supports a useful initial assessment. A conclusion requires review of the complete planning framework, official records and the physical condition of the land. Applications for location and building permits and other relevant acts can be submitted and monitored through the ePermit system.

Primorje-Gorski Kotar County

In addition to the national ISPU system, VidiPlan is available as a web and mobile application for Primorje-Gorski Kotar County. It enables searches of spatial plans, review of a site's location and creation of an extract from the selected map with its legend.

The Primorje-Gorski Kotar County register contains plans in force and plans in preparation and is updated daily. The same page provides links to the VidiPlan mobile application. PratiPlan allows users to monitor plans in preparation and public consultations.

• map 1 — purpose
• map 2 — infrastructure
• map 3 — conditions of use, arrangement and protection
• map 4 — building areas or development conditions

Within the City of Rijeka, location, building and use permits and other relevant acts are issued by the competent city authority.

For the remainder of the county, the competent authority is the Primorje-Gorski Kotar County administrative department. It operates from Rijeka and through offices in Crikvenica, Delnice, Krk, Mali Lošinj, Opatija and Rab, with additional locations in Čabar and Vrbovsko. Territorial jurisdiction depends on the city or municipality in which the land is situated.

For coastal and island sites, the restricted coastal zone, maritime domain (pomorsko dobro), road access, water supply, drainage and nature- and heritage-protection regimes should be reviewed. On steep and karst terrain, soil stability, foundation design and infrastructure costs are particularly important.

County of Istria

For land in Istria, in addition to the state ISPU, the Register of Spatial Plans of the Institute for Spatial Planning of the County of Istria and the corresponding online cartographic overview are available.

Within the City of Pula, spatial-planning and construction acts are issued by the competent city authority.

For the remainder of the county, the Istria County administrative department operates through offices in Buje, Buzet, Labin, Pazin, Poreč, Pula and Rovinj. Its Pula office is responsible for Barban, Fažana, Ližnjan, Marčana and Svetvinčenat, while the City of Pula is served by the competent city authority.

In the coastal part of Istria, the construction rules along the coast, tourist use, maritime domain (pomorsko dobro) and infrastructural equipment are important. In historic settlements and rural areas, the conditions for the protection of cultural heritage, landscape and traditional construction can be important.

Location information contains the relevant provisions of spatial plans in force at all levels for the specified land. In areas covered by new-generation spatial plans, it may be generated electronically through the information system. Elsewhere it is issued by the competent administrative authority on request.

Location information provides an official overview of the planning framework. Implementation of a development and preparation of the prescribed designs require the further acts and documentation applicable to the particular project.

For more complex sites, a professional planning assessment is useful. It compares the proposed development with the land-use designation, plot size and shape, access, infrastructure, development conditions, special regimes and physical conditions on site.

Legal verification includes ownership, encumbrances, access road, easements, compliance of land register and cadastral data and existing building documents. Combining legal, architectural and geodetic analysis provides a more reliable assessment of project feasibility, cost and timeline.

For more valuable or complex projects, the verification should be completed before concluding an unconditional contract of sale. The contract can be designed so that its effects depend on the confirmation of planning, legal and technical assumptions for the intended construction.

Early recognition of limitations enables a realistic assessment of land value, project costs and the time required for its implementation.

1. determine the number of the cadastral parcel and the cadastral municipality
2. compare the land register, cadastre and physical condition on site
3. determine all applicable spatial plans
4. check the building area and land-use designation
5. determine the obligation to adopt an urban plan
6. check the conditions for the formation of building parcels
7. determine the permitted purpose, size, height and position of the building
8. check traffic access and its ownership status
9. determine the availability and cost of infrastructure connections
10. check special protection regimes and infrastructure corridors
11. assess geological, hydrological and other terrain risks
12. check existing buildings and building documents
13. determine the competent administrative body
14. assess the need to obtain location information and an expert analysis