In today's issue of "Tuesday Mornings for Construction," we've prepared the final article in a series exploring water law, focusing on the development of waterfront projects. There's no doubt that land with direct access to the shoreline offers enormous investment potential and is enjoying growing popularity. However, developing it comes with a number of restrictions and requirements that must be reviewed before the project can begin.
First, it's important to emphasize that not every plot located on the shores of inland or sea waters can be designated for construction. Development options are determined, as is the case everywhere, by the provisions of the local development plan ("MPZP") in force in a given area. Municipal council resolutions approving the MPZP may include provisions related to, among other things, environmental protection or land use for green spaces/public spaces or summer resort development. In the absence of a valid MPZP, obtaining a decision on development and land use conditions ("WZ") will be necessary. In such a case, it is necessary to familiarize oneself with the provisions of the applicable study of conditions and directions of spatial development, which must include a description of the property's future development.
Due to their environmental significance, areas located on inland and marine waters may be protected under the Nature Conservation Act. Pursuant to Article 17 of this Act, within landscape parks, new construction is prohibited within a 100-meter-wide strip from the shoreline of rivers, lakes, and other natural bodies of water, and within 100 meters from the water surface of artificial reservoirs located on flowing waters. A similar prohibition applies to land located within protected landscape areas. Properly defining the shoreline is crucial, as its course determines the distance the investor must maintain from the body of water. In the case of marine waters, if the plot is located within the technical zone of the seashore or near a cliff, the aforementioned development ban has been increased to 200 meters. In practice, it is also necessary to verify whether the property or its vicinity is located within a Natura 2000 area. The presence of protected species or their habitats can effectively prevent construction. It should also be remembered that due to the establishment of protected areas, but also due to other legal provisions, there may be an obligation to obtain an environmental decision for the implementation of a planned project.
Further restrictions on development can be found in the Building Law. Article 27 of the aforementioned Act prohibits the fencing of properties adjacent to public surface waters at a distance of less than 1.5 meters from the shoreline. Since most inland waters are owned by the State Treasury, this is a significant issue, especially when the investment offers direct access to the shoreline or the right to use a jetty. Furthermore, the owner of such property cannot prevent people from crossing the aforementioned 1.5-meter-wide strip. When acquiring ownership of this type of land, one should also consider the need to provide access to specialized services to carry out water management tasks.
The possibility of development is also determined by ground conditions and potential flood risk. Before purchasing a property, it is essential to verify that the area in which it is located is not located in a floodplain or at risk of flooding. In such a case, pursuant to Article 390 of the Water Law Act, the construction of a new structure in such a location will require a water permit. This permit will also be required for works that will result in changes to the terrain on land adjacent to water, which would affect water flow conditions. We encourage you to read the article devoted entirely to this topic.
Plots located on the shores of inland and sea waters offer significant potential for both residential and recreational investments. However, before proceeding with such development, it is necessary to conduct a proper property analysis at the acquisition stage. The realistic development possibilities are determined by a number of conditions outlined above.
We invite you to follow our "Tuesday Mornings for Construction", where next week we will start a new series related to the right of first refusal.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 8, 2024
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