Which authorities are responsible for regulating the development and designated use of individual parcels of real estate in this country and which legislation applies?
Various pieces of legislation deal with which authorities are responsible for regulating the development and designated use of individual parcels. In general, responsibility for regulating development and designated use of individual parcels of land largely lies with provincial and local authorities. Provincial and local authorities draw up and approve the plans for land planning and these are usually the competent authorities to conduct control procedures for any urban operation. However, as a rule, an approval of the urban plans by the central government is required.
Each local government has its own authority. In the City of Buenos Aires, the Urban Development Secretariat is responsible for zoning/planning regulations.
Generally speaking, it is the local government entity (usually an elected council) which regulates development and use of individual parcels of real estate. In the case of special development areas, it may be the Minister for Planning or some other statutory authority. There are opportunities for Ministerial intervention in special cases, usually reserved for major projects of state or regional significance, or projects having key policy objectives.
The legislation which applies is the state planning legislation. Some significant environmental matters (such as threatened and migratory species, wetlands or heritage) are regulated by a Commonwealth authority under Commonwealth legislation.
The regions are exclusively competent for regulating public planning. Therefore, the respective parliaments of the regions (Flemish, Walloon and the Brussels Capital Region) have the competence and ability to regulate the development and designated use of individual parcels of real estate in their respective regions.
At the cantonal level, the responsible authorities are cantonal ministries for spatial planning. At the level of the two entities which comprise Bosnia and Herzegovina, the Ministry for Spatial Planning and the Environment acts in the Federation of Bosnia and Herzegovina (FBiH) and the Ministry for Spatial Planning, Construction and Ecology is the relevant body in the Serb Republic (RS).
The applicable laws are:
Municipalities are usually responsible for regulating the development, control and designated use of individual parcels of land.
Generally speaking, it is the local government which regulates the development and use of individual parcels of real estate. There may also be provincial or federal regulation in special cases, usually reserved for major projects of provincial or national significance, or projects falling under federal heads of power (such as aeronautics and telecommunications).
The legislation which applies is generally provincial planning legislation, and official plans and by-laws enacted by the local government pursuant to provincial legislation. Federal legislation applies to matters that are regulated by a federal authority.
The primary authority responsible for regulating the development and designated use of individual parcels of land is the Land Administration Bureau. The Land Administration Bureau administers State-owned land by entering into land grant agreements with individual land users for the issue of land use rights for a parcel of land. The land grant agreements will contain conditions as to the permitted (and required) use and development of the land.
The municipal or district council is the authority in charge of issuing the zoning plan, which is the instrument that regulates the development and designates the use of the territory. If the council fails to issue the zoning plan within 60 business days of the submission of the draft plan by the Planning Secretariat, the mayor of the municipality or district can issue the zoning plan directly.
Several authorities are involved during the formulation of the draft of the zoning plan, such as the Planning Secretariat of the municipality or district, the Governing Board, the Metropolitan Board, the Territorial Planning Council, and the Regional Autonomous Corporation.
Private actors, such as associations, investors, and landowners, as well as community actors, such as popular action boards, indigenous communities, and the population in general, also have the right to participate in the formulation of the document.
Regarding building permits, the authority in charge of issuing them is the urban curator or the Planning Secretariat.
According to the Act on Zoning (Official Gazette No. 153/13 and 65/17) and the Act on Construction (Official Gazette No. 153/13 and 20/17) which regulate the development and use of real estate, the competent authorities for the issue of permits for the construction and usage of real estate and its supervision, are:
Responsibility for regulating the development and designated use of individual parcels of land largely lies with regional or municipal planning authorities (as does regulation through the territorial plans or regulatory plans of the municipality). These authorities are governed by general planning guidelines made by the regional authorities or by the Ministry for Regional Development. The Ministry of Defence is involved in the development of military areas. Accordingly, in case of certain specific developments different administrative authorities depending on field of competence are involved in construction proceeding (eg Railway Authority, Civilian Aviation Authority or State Mining Administration).
The responsibility for regulating the development and use of individual parcels lies with the local planning authorities in the municipality. However, the local plan must comply with the municipal plans, and municipal plans must comply with the state plans.
In the municipal plans and the state plans the regulation is general, whereas the specified use of a certain plot of land is regulated in the local plans and under the Planning Act.
Responsibility for regulating development and designated use of individual parcels of land in France largely lies with local authorities. The mayor of the municipality is responsible for issuing building permits except in certain areas or projects where the person responsible for issuing building permits can be the Prefect.
The regulation of the development and use of individual parcels of land falls under the responsibility of the relevant municipality. Guidelines are laid down for the municipalities by the Federal Government, the relevant state (Bundesland) and the relevant region as follows:
The Federal Government lays down 'leading concepts' (Leitbilder), for example:
The states in Germany draw up comprehensive plans (Raumordnungspläne). Each of those plans covers the whole of the relevant state. The state's comprehensive plan and objectives are binding on all subordinate planning authorities (ie the regional planning authorities and municipalities).
Examples of the content of state plans include:
Each individual region implements the Raumordnungsplan of its state through regional planning, on a smaller, more detailed scale. For example, the regions can designate:
The municipalities’ planning functions are carried out at two levels:
1. The development plan for the entire territory of the municipality (Flächennutzungsplan): this lays down the main features of the various types of use of land that will be permitted on the basis of intended urban development and the anticipated needs of the municipality, for example:
2. A detailed plan for individual areas within the municipality (Bebauungsplan), designating the permitted land use (such as residential, industrial, retail or business) and restrictions on the size, height and floor area of permissible buildings.
The Planning Department, the Development Bureau and the District Planning Offices are principally responsible for regulating the development and designated use of property.
The Town Planning Ordinance is the primary legislation regulating the development and designated use of individual parcels of real estate in Hong Kong.
There is a two-tier system is Hungary: general rules are laid down in the Construction Act (Act LXXVIII of 1997) and Government Decree No. 253/1997 on the National Settlement and Building Requirements (in Hungarian: OTÉK) which applies throughout the entire county. The responsibility for regulating development and designated use of individual parcels lies directly with the local governments and municipalities which must adopt their structural plans, zoning maps and local building codes.
Additionally, certain specific regulations (eg government decrees) may also determine individual zoning and building rules and requirements for specific investments and areas.
In general, responsibility for regulating development and designated use of individual parcels of land in Ireland lies with local planning authorities. Appeals are referred to An Bord Pleanála (the Planning Board) which was set up by the government to operate an open and impartial planning appeal system.
An Bord Pleanála is a statutory authority and deals with all planning appeals in Ireland. Anyone applying for planning permission in Ireland and anyone who made written submissions/observations to the planning authority on a planning application can appeal a planning decision made by a local authority to An Bord Pleanála.
Under the Planning and Development (Strategic Infrastructure) Act 2006 applications for development in respect of ‘strategic infrastructure’, which comprises certain categories of infrastructure development considered to be of important social or economic benefit to the State or a region within the State, are made to a Strategic Infrastructure Division at An Bord Pleanála, with no right of further review.
The development and the utilization of real estate are currently disciplined by national and regional laws. The main laws for town planning and building are Law no. 1150 of 1942 and Presidential Decree no. 380 of 2001, respectively. The regional legislation varies with each region.
Responsibility for regulating the development and designated use of individual parcels of land in Italy lies with the municipalities, which have the power to regulate the development and use of real estate by:
In general, local governments are responsible for regulating the development and use purposes of land parcels. Local governments have authority under the BSA and the CPA to grant construction permit to contractors.
The national and provincial governments adopt general spatial plans which sketch the outlines of the planning policy. Municipal authorities have the authority to further shape these outlines for the relevant municipality, subject to national and provincial plans and regulations, responsibility for regulating the development and designated use of individual parcels of land and the obligation to adopt a single environmental plans for all premises located within their municipal borders lie with the municipalities. Most premises of regional or national interest, such as regional or national infrastructure or military sites, are subject to provincial or national authorities' planning authority.
The Resource Management Act 1991 is the primary piece of legislation that applies to the regulation of development and designated use of individual parcels of real estate in New Zealand. The Act sets out the roles and responsibilities of central and local government in relation to the sustainable management of resources in the built and natural environment.
Central and local government have responsibilities to administer the Act. While central government provides national direction, local government implements the Act and its regulations in each territory. The Act splits local governments into territorial authorities (city and district councils) and regional councils. Each have different responsibilities. District and city councils are generally responsible for making decisions about the effects of land use, the effects of activities on the surface of rivers and lakes, noise, subdivision and ensuring sufficient development capacity for residential and business land to meet expected long-term demands of the district or city. Regional councils are generally responsible for making decisions about discharges of contaminants to land, air or water, water quality and quantity, the coastal marine area, soil conservation, land use to avoid natural hazards, investigating land to identify and monitor contaminated land, ensuring sufficient development capacity for residential and business land to meet expected long-term demands of the region, and preparing regional policy statements.
The States and the Federal Capital Territory, Abuja, all have their respective Urban and Regional Planning laws specifying the authorities duly established and empowered to implement the provisions of the respective physical planning and development control laws and regulations. The respective Authorities are charged with responsibility for matters relating to development control, implementation of physical development plans and enforcement of building control regulations.
In the Federal Capital Territory, the Development Control Department is the Authority (Section 27(1) of the Nigerian Urban and Regional Planning Act 1992). In Lagos State, the Building Control Agency collaborates with the Physical Planning Permit Authority, all established under the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019
Responsibility for regulating the development and use of individual parcels lies with the regional (county municipality) and municipal (municipality) authorities.
A certain amount of national political influence also exists through national political guidelines and statements through white papers.
The local government of the community regulates matters concerning the development and designated use of individual parcels.
Local government at the level of the relevant province also legislates on:
The Minister of Funds and Regional Policy ensures the conformity of each province's development plan with national policy as well as coordinates cross-border cooperation regarding development plans.
The main relevant administrative authorities are the Municipalities (local authorities). The Municipalities draw up and approve the municipal plans for land planning and these are usually the competent authorities to conduct existing and successive control procedures for any urban operation.
The main legislation regarding the development and designated use of individual parcels of land is Law 350/2001 regarding urban planning, Law 50/1991 regarding construction works and Law 10/1995 regarding quality in construction works.
Depending on what it relates to, a building permit can be issued by:
According to the Law 350/2001 regarding urban planning, the zoning urban plan and the detailed urban plan have to be signed only by the urban planning experts who have signatory rights. In addition, as a general rule, the zoning urban plan and the detailed urban plan are approved by the Local Councils.
The land planning development and designated use is regulated by planning authorities. The relevant planning authorities are municipalities, self-governing units and regional offices (regional offices only unti 1 April 2024). The central body for land-use planning is the Office for Spatial Planning and Construction of the Slovak Republic. Development within the Slovak Republic is regulated by the Ministry and approved by the Government of the Slovak Republic.
Zoning documentation for the various regions is regulated by self-governing units. Municipalities regulate zoning documentation for municipalities and zones.
Responsibility for regulating development and designated use of individual parcels of land in Spain is handled by local authorities (town and city councils) through urban planning regulations. It must be noted that final approval of the main municipal urban planning regulations (known as the "Master Plan") is normally controlled by the 'autonomous regions'.
The municipalities are generally responsible for regulating the development and designated use of individual parcels of real estate in Sweden. The applicable legislation is the Planning and Building Act (Plan-och bygglagen (2010: 900)), but there may also be local policy decisions which set out specific regulations affecting individual parcels of real estate.
The Department of Public Works and Town and City Planning, Ministry of Interior. City Planning Act B.E. 2518 and the associated notifications.
The DUPM, and municipalities are the main bodies although other statutory bodies are involved.
The UAE adopts a two tiered federal system of government, whereby legislation is enacted at the federal level and local Emirate level. There are seven Emirates, of which Dubai is one and within Dubai the applicable law is a combination of federal law, together with the laws of Dubai. If there is a conflict between Emirate and federal law, the federal law shall prevail.
In relation to the Emirate of Dubai, the main authority responsible for regulating the development and designated use of land is Dubai Municipality. Dubai Municipality issue the affection plans which outline the planning and zoning designated for each parcel of land. In addition to the affection plan, additional authorisations then have the responsibility of approving a development/building on the specific plot.
If the plot of land is located in a free zone, specifically JAFZA or TECOM, then Trakhees or TECOM may have additional specific requirements regarding the parcel of land, on top of the Dubai Municipality requirements.
Responsibility for regulating the development and designated use of individual parcels of land in England and Wales largely lies with local planning authorities but certain cases are referred to the Mayor of London (where the land is in London) or the relevant Secretary of State (ie a senior member of the Government, an elected politician appointed by the Prime Minister) or the Welsh Ministers for determination.
Responsibility for regulating development and designated use of individual parcels of land in Scotland largely lies with local planning authorities (ie the local councils) but certain cases are referred to Scottish Ministers for determination.
The main legislation is contained in the Town and Country Planning (Scotland) Act 1997. This has been subject to significant amendments by the Planning etc (Scotland) Act 2006 and further changes will be made by the Planning (Scotland) Act 2019. Much of the detail of the Scottish planning system is set out in regulations made under the 1997 Act. A new suite of these regulations was made to implement the changes made by the 2006 Act. Further sets of regulations are being made on a phased basis to implement the 2019 Act.
In Ukraine a number of various state and municipal authorities are responsible for the regulation of the development and use of individual parcels of real estate. The most significant are local councils/state administrations (at the stage of obtaining legal title to land and initial data for planning), the Geodesy, Cartography and Cadastre State Service of Ukraine (which is responsible for ensuring compliance with the designated use of plots of land during construction), departments of environment and natural resources of local state administrations and the State Ecological Inspectorate (responsible for ensuring compliance with environmental protection requirements) and the architectural departments of the local municipal authorities. As well as the newly created State inspection of architecture and town planning of Ukraine (that have to conduct state supervision of the compliance of construction works with the relevant design documentation and legislative requirements – at the stage of the construction and commissioning of the works).
The compliance of a development (at all stages) and the use of individual parcels of real estate with the relevant legislation is also supervised by the state prosecutor's office. On 15 July 2015 a new Law of Ukraine ‘On State Prosecution’ No. 1697-VII, dated 14 October 2014, came into effect. This has limited the functions of the prosecutor's office in this field considerably. In particular, the office's general supervision function was abolished, and the prosecutor is authorized to represent the state's interests in court (eg to challenge a decision of a local municipality on granting title to land) only in cases where the relevant state body fails to take appropriate action to defend those state interests or there is no state body with competence. The prosecutor must also prove to the court that there are reasonable grounds for the prosecutor to act on behalf of relevant state body.
National legislation and local regulations are both applicable. During the period when buildings are actually occupied the designated use of individual parcels of real estate is controlled by the state sanitary, fire, environmental, cultural heritage authorities.
Primary responsibility for regulating development and designated use of individual parcels of land in the US largely lies with the municipal government, in the case of incorporated areas, and the county government, in the case of unincorporated areas. In some states, state government plays a more prominent role.
The applicable regional, state or local authorities will establish which uses and what types of developments are allowed within a particular zoning district, but typically will delegate the authority to implement and administer the local zoning controls to local planning officers and reviewing bodies.
The state, through local authorities, is responsible for regulating the development and designated use of parcels of land. All land in Zimbabwe vests in the President. The President exercises his control over the land through government ministers. Agricultural land is under the purview of the Minister of Agriculture. Lands, Water, Climate and Rural Resettlement, Communal Land is under the purview of the Minister of Local Government.
