In the previous article in the series "Tuesday Mornings for Construction Professionals," we discussed the principles of dividing properties covered by a local zoning plan. Today, we turn to a situation that occurs very often in practice: what to do when a given area is not covered by a local zoning plan?
The absence of a local zoning plan does not automatically mean that a property cannot be subdivided. However, it does not mean that the owner or investor has complete freedom. In such cases, specific rules under the Real Estate Management Act apply.
Article 94 of the Real Estate Management Act ("UGN") is crucial here. According to this provision, if a property is located in an area for which there is no local zoning plan, subdivision may be carried out provided it does not conflict with separate regulations. However, if a decision on the conditions of development and land management was issued before the date of submission of the subdivision application , the subdivision must comply with the conditions specified in that decision.
In practice, this means that in the absence of a local plan, the authority does not review the subdivision's compliance with the plan, as no such plan exists. However, it must verify that the planned subdivision does not violate other regulations. These may include regulations concerning public roads, construction law, environmental protection, protection of historical monuments, agricultural and forest land, water management, or technical and construction regulations.
It's also particularly important to determine whether a development decision has been issued for the property. If such a decision exists, it cannot be ignored during the subdivision process. The subdivision plan should comply with the conditions specified in the development decision, as it specifies the permissible development method in the absence of a local zoning plan.
For example, if a development decision stipulates a specific method of transportation, parameters for future development, or the location of an investment on a specific part of the site, the subdivision plan should be consistent with this. The subdivision should not lead to the creation of plots whose subsequent development would be inconsistent with the issued decision.
As with subdivisions consistent with local zoning plans, access to a public road is crucial. Newly designated plots should be able to be used appropriately. Access can be direct or indirect—for example, via a private road or through the establishment of an easement. A lack of well-thought-out road access can complicate subdivision approval, and even if the subdivision is implemented, it may later limit the sale or development of the plots.
It's also worth remembering that the lack of a local zoning plan often increases the importance of analyzing the property's surroundings. It's important to examine not only the plot itself, but also the road layout, neighboring buildings, existing infrastructure, environmental restrictions, and any administrative decisions concerning the area.
From the investor's perspective, the lack of a local plan may provide some flexibility, but it also increases uncertainty. A local plan clearly defines development principles. In its absence, reliance must be placed on separate regulations and, in many cases, on zoning decisions. This requires more careful planning of the subdivision concept.
In summary: the absence of a local zoning plan does not automatically prevent property subdivision. However, it is necessary to verify whether the planned subdivision is consistent with separate regulations, whether it complies with the issued development decision (if such a decision exists), and whether the newly subdivided plots will have effective access to a public road and the possibility of rational use.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 6, 2026.
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