In our previous article, we began a series on property division. Today, continuing the theme in our series titled "Tuesday Mornings for Construction Professionals," we examine one of the fundamental principles: property division should be consistent with the local zoning plan, which is primarily regulated by Article 93 of the Real Estate Management Act ("UGN").
The local zoning plan is the fundamental document to consult if an owner or investor wishes to subdivide a property. It's not enough to verify whether the plot can be technically subdivided on a map. It's also necessary to determine whether, after subdivision, each newly designated plot can be used in accordance with the land's intended use and the principles specified in the local zoning plan.
Pursuant to Article 93 of the UGN, real estate may be subdivided if it complies with the provisions of the local zoning plan. Importantly, this compliance applies not only to the land use itself but also to the development possibilities of the subdivided plots.
In practice, this means that the authority doesn't solely assess the new boundaries. It also verifies whether the planned subdivision will not lead to the creation of plots that cannot be rationally utilized. Therefore, factors such as minimum plot area, minimum frontage width, building lines, development density, biologically active area, transportation access, and the intended use of a specific area may all be considered.
For example, if the local zoning plan envisages single-family housing for a given area and specifies the minimum area for a newly subdivided building plot, the subdivision plan should take these requirements into account. It cannot be assumed that just because an owner has a large property, they can divide it however they want. Each subdivided plot should meet the requirements specified in the local zoning plan.
Access to a public road is also of particular importance. A plot created as a result of subdivision should be able to be used appropriately. Access can be direct, if the plot adjoins a public road, or indirect—for example, through a private road or the establishment of an appropriate easement. A lack of real access to a road can, in practice, invalidate the planned subdivision.
It's also worth remembering that a local plan must be read as a whole. It's not enough to simply check the land symbol on the plan drawing. The text section, which contains detailed development rules, is equally important. This is often where the parameters that determine whether a planned subdivision is feasible are defined.
Therefore, before commissioning a subdivision project, it is worth checking three basic issues: what the property is intended for in the plan, what parameters the newly subdivided plots must meet, and how access to a public road will be ensured.
Only after such an analysis can it be assessed whether the proposed subdivision has a chance of being approved by the relevant authority. Generally, the decision in this regard is made by the commune head, mayor, or city president. The authority then examines the subdivision's compliance with the local plan, and only after a positive assessment can further processing of the surveying documentation be permitted.
Therefore, subdivision in accordance with the local plan is not just a matter of "fitting" new plots on the map. It is primarily a question of whether the subdivision will result in plots that will be legally operative and truly suitable for their intended use.
To summarize: if a property is covered by a local zoning plan, it is the plan that defines the basic boundaries of permissible subdivision. Therefore, before beginning the procedure, it is worth carefully examining not only the plan drawing but also its textual portion and the practical possibilities of developing each planned plot.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of June 29, 2026.
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