PROTECTION OF OWNERSHIP IN THE PROCEDURES FOR THE IMPLEMENTATION OF SPATIAL PLANS

Abstract

Spatial planning is introduced into legal life through the adoption of spatial plans and then by the issuance of individual acts for the implementation of spatial plans: location or building permits, permits for change of purpose of building and acts for determination of building particle. Recently there have been some questions in the spatial plans implementation process, which did not have any response until then that would be in line with the contemporary understanding of the right of ownership and the right to peaceful enjoyment of ownership. The aim of this paper is to try to answer the question of whether the rights and interests of land owners should be protected in the procedures for the implementation of spatial plans, in the first place in the procedures for issuing location permits for the construction of infrastructure facilities,
or any request of the applicant consistent with spatial document documentation must be accepted. It is concluded that, while respecting the goals and principles of spatial planning and the principle of social ownership of the property, the rights and interests of the owner are to a certain extent protected.