THE INVESTOR BRIEF GUIDE

Transcription

1 THE INVESTOR BRIEF GUIDE

2 LOCAL SPATIAL DEVELOPMENT PLANS (MPZP)

3 An excerpt and a land survey map extract from the MPZP Current information regarding the MPZP: When a MPZP is already in place for an intended development venture, an endorsed excerpt and the land survey map extract may be applied for. Department in charge: Spatial Development Bureau (BP). Statutorily required documents: application for an endorsed excerpt and land survey map extract from the MPZP, in compliance with administrative procedure B-3 Legal grounds: Act of March 27, 2003, on urban planning and spatial development (Journal of Laws of 2003, No 80, Item 717, as subsequently amended)

4 Development and subsequent amendments to the MPZP In the event there is no legally effective MPZP in place, an investor may apply for its development and subsequent drafting. Having any already existing MPZP duly amended is also admissible. Department in charge: Spatial Development Bureau (BP) Statutorily required documents: application for developing and drafting, or amending the already existing MPZP, in compliance with administrative procedure B-2 When a spatial planning procedure is in progress, the local community of residents is expected and encouraged to contribute to the ultimate wording of the provisions of the spatial plan under development, or the one being amended. All applications are to be processed in compliance with administrative procedure B-1 Legal grounds: Act of March 27, 2003, on urban planning and spatial development (Journal of Laws of 2003, No 80, Item 717, as subsequently amended)

5 ADMINISTRATIVE DECISION ON THE ENVIRONMENTAL IMPACT (DUŚ)

6 In the event an intended development venture is of a type that might have a significant and permanent impact upon the natural environment, it is necessary to secure a DUŚ document. The listing of the above-referenced types of development ventures: Ordinance of the Council of Ministers, of November 9, 2004, on defining the types of development ventures that might have a significant impact upon the natural environment, in conjunction with the specific constraints making any such development ventures eligible for the drafting of an environmental impact report. Department in charge: Environment Department (WS) Statutorily required documents: pertinent application for issuing the DUŚ document, enclosed with pertinent documentation, in compliance with administrative procedure WS-56 Legal grounds: Act of October 3, 2008, on making available in the public domain pertinent information on the natural environment and its protection, co-participation of the local communities in such protective measures, and assessment of the environmental impact (Journal of Laws of 2008, No 199, Item 1227, as subsequently amended)

7 In the event an intended development venture is of a type that might potentially have a significant impact upon the natural environment, it is necessary to secure a DUŚ document. The listing of the above-referenced types of development ventures: Ordinance of the Council of Ministers, of November 9, 2004, on defining the types of development ventures that might have a significant impact upon the natural environment, in conjunction with the specific constraints making any such development ventures eligible for the drafting of an environmental impact report Department in charge: Environment Department (WS) Statutorily required documents: pertinent application for issuing the DUŚ document, enclosed with pertinent documentation, in compliance with administrative procedure WS-58 Legal grounds: Act of October 3, 2008, on making available in the public domain pertinent information on the natural environment and its protection, co-participation of the local communities in such protective measures, and assessment of the environmental impact (Journal of Laws of 2008, No 199, Item 1227,as subsequently amended)

8 While the administrative processing of the application for the DUŚ document is in progress, subject to the actual scope and completion time frame for any such intended development venture, it might be necessary to have a report on the anticipated environmental impact duly drafted. Department in charge: Environment Department (WS) Statutorily required documents: pertinent application for issuing the DUŚ document, enclosed with pertinent documentation, in compliance with the administrative procedure WS-57 Legal grounds: Act of October 3, 2008, on making available in the public domain pertinent information on the natural environment and its protection, co-participation of the local communities in such protective measures, and assessment of the environmental impact (Journal of Laws of 2008, No 199, Item 1227, as subsequently amended)

9 ADMINISTRATIVE DECISION ON THE CONDITIONS FOR SITE DEVELOPMENT (WZ)

10 In the event the actual site of the intended development venture is not covered by a legally effective local spatial development plan, it is necessary to secure a WZ document (planning permission) Department in charge: Department of Architecture and Urban Development (AU) Statutorily required documents: application for the planning permission (WZ document), enclosed with pertinent documentation, in compliance with administrative procedure A-1 Specific site development conditions are determined against the results yielded by an attendant analysis addressing specific architectural and urban considerations. Pursuant to the provisions of 3, Ordinance of the Ministry of Infrastructure, of August 26, 2003, on determining the requirements for any new site and spatial development, in the absence of a local spatial development plan (Journal of Laws No 164, Item 1588), the above- referenced analysis shall be limited to the area around the plot at issue stretching out from it by the distance not shorter than three times the width of the front part of the plot and not shorter than 50 m. Legal grounds: Act of March 27, 2003, on urban planning and spatial development (Journal of Laws of 2003, No 80, Item 717, as subsequently amended)

11 TRAFFIC CONSIDERATIONS As far as the more spacious development ventures that prospectively stand to generate more traffic in their immediate area are concerned, contributing significantly to the increased volume of traffic already making use of the existing road infrastructure, or those sited within the area with insufficiently developed road infrastructure, it might be prudent to approach ZIKIT with an application for making a critical appraisal of the intended development of the road infrastructure to prospectively serve the site under development, prior to filing in the actual application for the planning permission itself (WZ document). Such an appraisal is issued in compliance with administrative procedure ZIKIT-33

12 HISTORIC SITES With regard to the development ventures pertaining to historic sites and cultural heritage areas, it might be prudent to approach the competent Conservator of Historic Sites with an application for making a critical appraisal of the intended site development in the form of specific recommendations, prior to filing in the actual application for the planning permission itself (WZ document). Such an appraisal is issued respectively by: Bureau of Municipal Conservator of Historic sites, in compliance with administrative procedure KZ-10 or: Provincial Conservator of Historic sites

13 BUILDING PERMIT (PnB)

14 Application of construction or execution of works With regard to a certain scope of construction work it is not mandatory to prior secure a building permission - it is sufficient to file a formal notice of advice on the proposed scope of the work. Any such formal notice of advice should be filed prior to the actual date of commencement of the intended scope of construction work. The construction work may be freely commenced provided that within 30 days of filing the above referenced notice of advice a competent authority has not notified the applicant of its objection, by way of issuing a pertinent administrative decision or a formal notice of objection, although not later than within 2 years of the actual commencement date of the work, as duly indicated in the originally filed notice of advice. Department in charge: Department of Architecture and Urban Development (AU) Statutorily required documents: document fully compliant with administrative procedure AU-10 Legal grounds: Act of July 7, Polish Construction Law (Article 30, in conjunction with Article 29)

15 BUILDING PERMIT (PnB) Prior to the actual commencement of the intended scope of construction work, a pertinent building permission must be secured. The building permission covers the development venture at issue in its entirety. In the case of a development venture comprised of more than one facility, the permit may pertain to select facilities or a cluster of autonomous facilities to prospectively operate in line with their original designation. The parties statutorily involved in the administrative procedure for the issuance of the building permission are: The investor and the title holders, perpetual usufructuaries or property management companies/property managers of the facilities/structures located within the immediate impact area of the facility embraced by the building permit at issue. The building permit shall expire if the actual construction work has not been commenced within 3 years of the date upon which the permit in question duly became legally effective, or the actual construction work in progress has been suspended for a period in excess of 3 years. Department in charge: Department of Architecture and Urban Development (AU) Full text of the applicable AU-4 administrative procedure to be found at the following website: Legal grounds: Act of July 7, Polish Construction Law (Article 28, Article 33, Section 1 & 2, Article 34, Section 4)

16 TRANSACTIONS REGARDING REAL ESTATE PROPERTY

17 An excerpt and an extract from a land survey map, or from a master map of the area The above referenced documents are of major significance in any commercial transactions regarding real estate properties. These documents originate in the Register of Land, comprising such vital data as the number of the relevant entry in the Land and Mortgage Registry records, the area covered by a specific plot of land, inclusive of the demarcation of its borders, Land Survey Grid reference number, information on the actual location of the plot, type of designated use and class of the soil, pertinent information on the title holder. Department in charge: Land Surveying Department (GD) Statutorily required documents: filled-in application form, in compliance with administrative procedure GD-2 While the processing of the application is in progress, it might be necessary to consult the actual design project documentation. This is regulated by the administrative procedure GD-28.

18 Selling real estate property through a tender procedure Department in charge: Treasury Department (GS) Statutorily required documents: a written application for the purchase of a specific real estate property to which an ownership title is held by the Municipality of Kraków, in compliance with administrative procedure GS-20 Legal grounds: Polish Civil Code, Act of August 21, 1997, on real estate properties management

19 Leasing out a real estate property (exclusive of open-air produce markets, areas held within the jurisdiction of the Department of Administrative Affairs and traffic lanes) Statutorily required documents: a written application for leasing out a specific real estate property comprising the following information: personal data of the applicant (name and surname, PESEL No, address), whereas in the case of a selfemployed natural person - registered name of the business venture and its business address; in the case of a corporate entity - name of the company, address of its registered seat, number of the entry in the National Court Register of Entrepreneurs, number of the entry allocated to the plot at issue in the Register of Land records, its actual location, area covered (in the case of a part of a plot), objective of the lease - in compliance with administrative procedure GS-23. Department in charge: Treasury Department (GS) Full text of pertinent administrative procedure, as well as a comprehensive listing of additional documents may be accessed at the following website:

20 Transfer of a real estate property for use Statutorily required documents: a written application for having a specific real estate property transferred for use, comprising the following information: personal data of the applicant (name and surname, PESEL No, address), whereas in the case of a selfemployed natural person - registered name of the business venture and its business address; in the case of a corporate entity - name of the company, address of its registered seat, number of the entry in the National Court Register of Entrepreneurs, number of the entry allocated to the plot at issue in the Register of Land records, its actual location, area covered (in the case of a part of a plot), objective of the transfer for use - in compliance with administrative procedure GS-24. Department in charge: Treasury Department (GS) Full text of pertinent administrative procedure, as well as a comprehensive listing of additional documents may be accessed at the following website:

21 Encumbrance of a real estate property with an appurtenant easement Statutorily required documents: a written application for having a specific real estate property encumbered with an appurtenant easement, comprising the following information: personal data of the applicant (name and surname, PESEL No, address), whereas in the case of a self-employed natural person - registered name of the business venture and its business address; in the case of a corporate entity - name of the company, address of its registered seat, number of the entry in the National Court Register of Entrepreneurs, number of the entry allocated to the plots at issue in the Register of Land records (both the dominant and the subservient one), their actual location, respective areas covered, and a detailed description of the actual routing of the easement driveway - in compliance with administrative procedure GS-25. Department in charge: Treasury Department (GS) Full text of pertinent administrative procedure, as well as a comprehensive listing of additional documents may be accessed at the following website:

22 In the event of any queries, please do not hesitate to get in touch with us at: INVESTOR SUPPORT CENTER Ul. Bracka 1, Kraków Tel: Fax: