In the next article in the series entitled "Tuesday Mornings for Construction Workers", we will analyze the issues of property division in the context of access of newly designated plots to a public road.
This issue has a very practical dimension and directly impacts the effectiveness of dividing and trading such parcels. This stems from the fact that a plot without access to a public road can be difficult to sell, problematic to develop, and sometimes even unsuitable from an investment perspective.
The basic principle stems from Article 93, Section 3 of the Real Estate Management Act ("UGN"): real estate division is not permitted if the proposed plots of land do not have access to a public road. This access does not always have to be direct. It can also be ensured by creating an internal road or establishing appropriate road easements.
In practice, three situations can be distinguished.
First, each of the designated plots will have direct access to a public road. This eliminates the issue of accessibility, although it remains to be seen whether the access and accessibility are feasible and compliant with other regulations.
The second situation concerns the separation of an internal road. When dividing a property, the owner must do so in such a way as to indicate on the land the areas designated for the road that will serve the remaining plots. This is a very common solution for larger developments. However, it is important to remember that simply indicating the road on a map is not enough. The road should actually allow for the use of the divided plots. This does not mean that at a later stage of the project, access to the public road can be provided from a different side, for example, because the investor purchased land directly adjacent to the public road.
The third step will be to establish a road easement. If the new plot does not have direct access to a public road, access can be provided by establishing a right-of-way and passage through another plot. In such a case, the authority may conditionally approve the subdivision.
Conditional approval of a division means that the division decision stipulates that, upon the sale of the subdivided plots, appropriate road easements will be established or shares in the plot constituting the internal road will be sold. In other words, the authority allows the division but stipulates that subsequent legal actions must ensure access to a public road for the plots.
This is a crucial aspect from a notarial and transactional perspective. If the division decision includes a condition regarding road access, it cannot be overlooked. When selling a subdivided plot, it is essential to ensure that the notarial deed includes appropriate provisions—for example, establishing an easement or transferring a share in an internal road. Otherwise, there is a risk that the plot formally exists, but its use is associated with numerous risks. A particularly significant risk is that the lack of proper road access could invalidate the division or a subsequent legal action. Not every road access problem automatically invalidates the entire division decision. However, if the authority approved the division despite the lack of required access to a public road, an argument may arise that the decision was issued in material violation of the law.
The situation is different when the division decision correctly stipulated a condition, but the parties to the subsequent agreement failed to comply with it during the sale of the plot. In such a case, the issue shifts from the administrative stage to the civil law stage. In such a case, there is a risk of dispute over the effectiveness of the seller's actions and liability. In practice, it is always worth determining the basis for the decision that created the plots and what follows from, at least, the last division decision.
It's also worth remembering that road access should be realistic, not just formal. If, on paper, a plot has "some" access, but in practice, it's impossible to use it normally, the problem may recur later in the project. This applies especially to narrow roads, unregulated access roads, disputed easements, lack of exit permits, or situations where the road exists only as a planned line on a map.
In summary: when dividing real estate, access to a public road is crucial and not merely a formality. It can determine the permissibility of the division, the content of the approval decision, the possibility of its sale, and the subsequent value of the plot. If access is to be provided through an easement or a share in an internal road, it is necessary to ensure that the condition of the division decision is properly implemented when the plots are sold.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 20, 2026.
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