What is the process for obtaining permission for development or carrying on a new designated use?
Decree No. 80/06, of 30 October 2006, governs the process of licensing for obtaining permission for development or carrying on a new designated use in urban areas.
The licensing process comprises common procedures and special procedures. Common procedures apply to permit requests for all types of urban operations to be held in urban areas with urban plans or supplementary instruments approved. The special procedures are of a contractual nature, being applicable to permit requests for urban operations to be held in urban areas without approved urban plans or in other specific situations.
In any case, the licensing process involves the submission of an application form together with some required documents and elements, which vary depending on the operation, to be submitted to the Governor of the Province where the land or building is located. Consultations to other administrative bodies may be required. The Governor of the Province may delegate the licencing authority in the municipal entities.
New Development (City of Buenos Aires):
Developments might require other permits, especially related to environmental matters or cultural matters (some areas of the city are specially protected as “Cultural Heritage”).
Generally a town planning application is made to the local authority. There is an application form (which varies between each state) and a requirement to provide adequate information, plans and reports, having regard to the nature of the proposed use, to ensure that the authority can make an appropriate decision.
In most jurisdictions, special application and approval procedures are available for state or regionally significant development. Development with significant environmental impacts may require a detailed environmental impact assessment to be undertaken.
In the Flemish Region, the Brussels Capital Region and the Walloon Region, there is no distinction made between a ‘permission for designated use’ and a ‘building permit’. A permission for designated use is covered by a 'building permit'.
In the Flemish Region, applications for environmental permits for building are granted mostly by the municipal council. In principle, the municipal council’s administration decides within 30 days upon the ‘completeness of such request’. Executive decrees specify further which instances need to be detailed in specific permit procedures, and whether a public consultation will be held.
The timing of the procedures is similar to the procedures on the municipal level.
In the Brussels Capital Region and in the Walloon Region, applications for building permits have to be granted by the municipal council in which the property is situated. There is a similar procedure in the Flemish region.
Permission for development or use is obtained on the basis of application submitted to the local authority. The application must contain all necessary details and documentation regarding the construction and use of the building.
An application for permission for new construction or designated use must be submitted to the municipality where the property is located. Depending on the complexity of the activity or development, additional permits or measures might be required, such as the traffic, environmental, and historical heritage departments. If permission is denied, the interested party may appeal administratively or to the local courts.
In many cases, local governments have by-laws that set out the local government’s application procedures for obtaining permission for development or carrying on a new designated use.
The process for obtaining permission generally involves the submission of an application, the form of which is prescribed by the local authority, describing the proposal. The local authority will review the application and the information accompanying it. On the basis of this review and, in some cases, consultation with professional experts, a report will be prepared by local government staff which will recommend whether the request should be granted or refused and also recommend conditions that should be attached to an approval.
Depending on the nature of the proposal and on the by-laws and rules of the local government, the final decision on the application will either be made by the local elected body or planning staff under powers delegated to them by the local government. Where the desired use of the land is not already 'permitted' or otherwise allowed in the applicable zoning district, approval of the elected body of the local government will often be required.
Depending upon the type of approval sought, the local government may conduct a public hearing at which members of the public are given an opportunity to present opinions for or against the development proposal. The applicant will also be given an opportunity to make submissions and respond to the submissions of the public. Local governments may in some cases provide for a public hearing even when there is no such requirement under the applicable legislation or by-laws.
If permission for development or changing the designated use is refused, an appeal may be submitted to a local appeal board or to the courts in the form of an application for judicial review challenging the local government’s action.
Although real estate development in China is regulated by a mixture of laws, regulations and procedural guidelines set out by the relevant departments and the detailed aspects of the development process vary between cities, the main principles and procedures are essentially the same.
Prior to obtaining governmental approvals, the developer must have obtained a feasibility report for the project, complete with detailed planning design parameters and renderings, and put down adequate development funds. Among other examinations by various departments, the following permits relating to land need to be obtained:
To apply, the relevant application forms and the required documents (eg building and development plans, written opinions from other relevant departments, etc) need to be submitted to the department in charge of issuing the permit. In approving the applications, the department in charge will work and consult with other municipal authorities overseeing land use, planning and other governmental functions (eg transportation, fire safety, landscape planning, etc).
Furthermore, before land is granted or allocated explicitly for real estate development, the urban planning administration and the real property development administration department of the local People's Government at or above the county level must provide a written opinion on the nature, scale and development terms of the real property development project, the conditions of the urban planning design, the requirements in respect of construction of infrastructure and public works, the definition of title after the infrastructure has been constructed, and resettlement in connection with the project. This written opinion will serve as one of the premises for the grant or allocation of land use rights. If the owner wants to change the land use specified in the land use rights grant contract, he must obtain the consent of the grantor and the urban planning administration of the municipality or county. An agreement on the alteration of the contract for the grant of land use rights or a new contract for the grant of land use rights must be signed and the fee for the grant of land use rights must be adjusted correspondingly.
The owner or possessor of the property must submit the urban development application form and the annexes required by law to the urban curator or the competent authority of the municipality or district where the property is located.
The competent authority has a maximum of 45 working days from the date of submission of the form and the required documentation to process the application. The authority may require additional information or send a minute of observations before issuing the permit, which must be answered by the applicant within 30 to 45 business days. During this period, the deadline by which the authority must resolve the requirement is suspended.
If the applicant fails to respond to the observations within the lime limit, the application will be deemed to have been withdrawn. Then the process must be restarted.
According to the Act on Zoning (Official Gazette No. 153/13 and 65/17), buildings to be situated on one or more plots of land in respect of which the investor has not yet resolved issues of title, require a separate location permit. All other projects (except for military and certain other categories of projects) do not require a location permit, needing only a building permit in accordance with the Act on Construction (Official Gazette No. 153/13 and 20/17). Accordingly, an investor may apply for a building permit even if it does not yet own the relevant plots of land, for example, based on an owner’s consent. In the case of a simple building (eg an auxiliary building of up to 50 sqm) a building permit is not necessary, and the construction works can be carried out on the basis of the design documentation.
For the purpose of obtaining the building permit, the investor has to be submit the following documents:
The building permit should be issued within 60 days from the filing of a complete and proper application.
Before beginning the use of a new building, the investor has to obtain a usage permit.
Building permission is issued by the competent building authority following either full or summary building permission proceedings. The proceedings are commenced by an application, which should describe the proposals and include certain stipulated additional material. During the proceedings, binding assessments by the relevant authorities, objections by the participants and the remarks of the public are noted, and the building authority considers whether the applicant's proposal is in accordance with the relevant zoning plans and principles prescribed in secondary legislation issued by the relevant authority.
The building authority approves the proposal by means of building permission and sets the conditions for the use and protection of the site, as well as for the location and preparation and realization of the development proposal. In some cases, the authority may require further disclosure of operational documentation for the proposed building. The authority will also rule on any objections by participants in the proceedings, and in its reasoning it will assess the comments made by the public and set the validity period for the permission where the period exceeds the statutory two year period (but it cannot be longer than five years).
There is a list of works, such as small buildings and landscape alterations, that are not subject to building permission. Where an Environmental Impact Statement (EIA) of the project has been issued, there is the building permission required.
Subject to certain conditions, planning permission proceeding may be merged with construction permission proceeding and even with Environmental Impact Assessments (EIA) proceeding.
Generally, the process for obtaining permission for a designated use of a new construction begins with an application to the municipality for a building permit and, in a rural zone area (a rural area which is not classified as an urban zone or a zone where most of the houses are holiday homes), a planning permission.
In an area with a local plan a dispensation from the local plan can be required if i.e. the dimension or location conflicts with the provisions of the local plan. The dispensation is granted by the municipality.
The process involves the submission of a planning application form to the mayor of the municipality where the land is located. The mayor will then refer the application and the information accompanying it to a range of consultees (including the public, when important projects are involved). The mayor either grants the permission or refuses the permission.
First, an application must be submitted in which the planned construction works and the use of the land are specified. The responsible authorities will then forward the application to any other authority with a potential interest in the planned project (for example: the environmental authorities, historic monument protection authorities, etc).
The responsible authority itself verifies whether the project complies with planning law. If so, and if there are no relevant concerns raised by the other authorities involved, the responsible authority must grant the permission.
If a permit is refused, legal action can be commenced.
The use of a new construction that is expressly permitted by the relevant statutory town plan does not generally require separate permission. For uses that do require separate permission from the Town Planning Board (the Board), the following applications should be made:
All applications must be submitted to the Board together with the supporting documents. The relevant Guidance Notes and Guidelines should be consulted when making the applications.
If a section 16 or a section 12A application is not made by the sole current land owner of the premises (ie the person whose name is registered in the Land Registry as the owner of the land), the applicant must show that they have obtained consent of or notified each and every other current land owner within a reasonable period (usually one year) before the application. If not, the applicant must show that he took reasonable steps to do so.
All documents submitted in the application will be made available for public inspection until the application is considered by the Board. Any person can make comments to the Board on the application within the first three weeks of the documents being made public. For section 12A applications, the applicant may attend the meeting at which the Board considers the application and be heard by the Board.
The final decision is made by the Board. Section 16 Applications may be approved with or without conditions or refused by the Board. Section 12A Applications may be accepted in whole or in part or refused by the Board. If permission is refused, a review and an appeal can be requested for section 16 Applications only. There is no right of review or appeal for a Board decision on a section 12A Application.
Where a section 16 permission is granted by the Board, amendments to such permission are provided under section 16A of TPO.
This type of application is usually considered by the Director of Planning under the Board's delegated authority but may be submitted to the Board for consideration if it is considered unacceptable by any of the concerned governmental departments.
The Board or the Director of Planning can approve the application with or without conditions or refuse it. If permission is refused, a review and an appeal can be requested.
If required by law, an environmental impact assessment (EIA) must precede the licensing process.
As a first step, the technical documentation for the development/construction must be prepared. Based on this documentation, a request for the issue of a building permit is then submitted to the relevant building authority.
The relevant government decree contains a list of the construction activities for which no building permit is required. Some of these activities must simply be reported to the authority, whilst others can be commenced and completed without any reporting or licensing obligation.
Special integrated permitting procedures are available for industrial and large-scale development projects, through which the developer can obtain other additional permits in conjunction with the building permit.
Usually, developers decide on the planning and permission strategy and the sequence of obtaining the various permits, after having consulted with an engineering consultancy and the competent authorities, in order to ensure that the permission process is carried out in the most cost and time efficient way.
Generally, for changing the designated use of the property the submission of a prior notification to the competent body of the local municipality is required, based on which the local municipality’s competent body will decide on acknowledging or rejecting the proposed change in the designated use.
Nevertheless, if such a change in the designated use involves works subject to building-permitting procedure, then the aforementioned notification of the local municipality’s competent body is not required (as in such case the building authority will be assessing whether the intended new use is allowed for in the local structural plan, zoning map and local building code applicable to the given zoning block). Furthermore, a special permit is required for the change in the designated use in case of certain retail buildings and units with a gross floor area of over 400 square meters.
The process involves the submission of a planning application form and drawings describing the proposals to the relevant local planning authority.
Notice of the planning application must be made in an approved newspaper and on a site notice, within the two week period before the submission of the planning application.
A report will be prepared by a planning officer (the individual within the local planning authority with responsibility for dealing with the planning application) which will recommend whether planning permission should be granted or refused. Depending on the nature of the proposal, the final decision on the application will either be made by planning officers under powers delegated to them by the local planning authority or will be referred to a committee or executive board for determination.
If planning permission is refused, or is granted subject to conditions which are unacceptable, an appeal may be made by the developer to An Bord Pleanála. Third parties who made submissions on the planning application have the same rights to appeal as the developer.
As to the development of a building, the permission has to be requested with the filing of a paper to the competent municipality, either in the form of a request for building permit or of a certified work commencement notice (s.c. SCIA). The building title can be obtained by the applicant after the municipality expressly issues the authorization (in the case of a building permit) or after the request (in case of work commencement notice). In the case of a certified work commencement notice, the works can be started immediately after the submission of the notice, but the municipality is still entitled to order a halt to activity or to ask for further documentation and changes to the works covered by the certified work commencement notice within 30 days of the submission. Once the 30-day period has passed, the municipality can order a halt to the works only where there is a serious risk to artistic and cultural assets, health, the environment, public security, or national defence. At any rate, unless the declarations in the SCIA request are false, after 12 months the municipality is no longer entitled to annul it by taking self-protection measures.
Depending on the type of permission and the stage of the process within a specific term, the applicant and third parties can make objections to the intention to refuse or grant the permits and the applicant and third parties with a particular interest can object to the municipality’s decision. The municipality must take the objections into account when deciding or, if provided after the decision has been made, review that decision. If the municipality does not address objections which are raised against the intention to grant or refuse permission or does not review/justify its decision satisfactorily, the applicant or third party with a particular interest can submit an appeal to the competent court.
The owner must file an application for a construction permit granted by the relevant local government. The applicant must file an application form together with supporting documents such as blue prints and layouts of the building. The authorities will then consider if the applicant's construction plan is compliant with the building regulations.
An integrated environmental permit to build is needed to construct a new building. The use of the new building, and the carrying on of a designated use must be in accordance with the environmental plan of that municipality and, if applicable, other rules and regulations. If the designated use and construction is authorized, permission is not needed.
If the designated use is not authorized, permission can be obtained by submitting the proposal to the municipality. The municipality will decide whether to allow a deviation from the environmental plan. There are relatively few restrictions on the municipalities’ powers to assess the proposal. Dutch administrative law entails a more elaborate procedure for specific types of permits (eg large-scale non-zoning compliant construction) which includes more elaborate motivation requirements eg relating to spatial permissibility while a relatively ‘simple’ procedure is available for construction activities that fit within the environmental plan.
Whether a resource consent is needed, and what type of consent, depends on the type of activity proposed and how it is classified in the local district or regional plan. If a resource consent is required, the process involves an application for resource consent to the relevant local authority. The application must be accompanied by an assessment of environmental effects which describes all the environmental effects of the proposed activity and how any negative effects are to be mitigated.
While not required, it’s good practice to consult any party affected by the proposal before filing an application. Some local authorities offer pre-application meetings to discuss what information needs to be provided as different district and regional plans may require different levels of detail.
The process for obtaining permission for development commences by an application for planning information to confirm the land use/zoning, building development control and land status. The application for Planning Permit to the relevant authority is usually accompanied by copies of the land survey plan and relevant title documents.
In Lagos State, the application for building development is made to the Physical Planning Permit Authority in the local area district, where the land is located. Soft and hard copies of the documents to be submitted with the application letter are sets each of screened Architectural, Structural, Mechanical and Electrical Drawings, one duly signed Survey Plan, copy of title documents of the property and two copies of Physical Planning Technical Report (P P T R). The P.P.T.R is applicable in respect of applications for (a) a residential land from one hectare and above (b) a residential development in excess of eight family units (c) a factory or warehouse building or its expansion (d) places of worship and (e) petrol or gas filing station. All applications must follow the Operative Development Plans and Planning Standards in Lagos State as well as the National Building Code.
The documents to be submitted with the application letter are five copies each of Architectural and Structural Drawings, Survey Plan and Title documents. All applications must follow the Operative Development Plans and Planning Standards in Lagos State as well as the National Building Code.
The application will be processed and approved after final screening and payment of permit processing fees assessment that is required for the grant of a planning permit. The processing fees payable includes Registration/Application Form Fee, Layout Fee, Fencing Fee, Local Planning Office Fee, Lagos State Emergency Management Agency (LASEMA) Levy, Spatial Enhancement Fee, and Infrastructural Development Charge.
The process for a change of designated use is by formal application by the owner of property to the Physical Planning Department of the Ministry of Physical Planning and Urban Development of the respective state where the land is located. The decision to grant the application is at the discretion of the state government and cannot be challenged as of right.
The grant or approval is subject to payment of the assessed official fees and compliance with the procedure as may be determined by the location and valuation of the property. The process involves submission of an application letter with copies of title documents (evidence of ownership), perimeter survey of site, set of approved building plan, technical report to be prepared by a registered Town Planner, photographs of land, location sketch showing land in relation to surrounding development, tax clearance certificate, development levy receipt, evidence of payment of processing fee for change of use.
Before the developer or the responsible applicant starts to prepare the building application, it is possible to have a preliminary conference with the local planning and building authority in order to clarify the scope and the overall content of the project. This may give the developer the necessary overview of the municipal plan and/or zoning plan, and can therefore help the developer adjust the application so it becomes in compliance with such plans.
Furthermore, the developer or the responsible applicant must notify the neighbours and give them the opportunity to raise their objections to the project. A copy of the notifications, with the developer’s comments to the aforementioned notifications, must be enclosed with the application.
In addition, the application must include a sufficient description of the project which gives the local planning and building authorities the necessary information to determine the application.
When the application is submitted to the local planning and building authorities the authorities will consider all relevant aspects of the application, and it will result in the issue of a building permit or a refusal. If the application is in accordance with the plan for land use and all other legal requirements, the applicant has a legal right to be granted a building permit.
The building authorities are only required to consider the technical specifications of the application to a certain extent. It is therefore always the developer’s responsibility to ensure that the project is planned and constructed in accordance with the current technical regulations.
It is important to remember that a building permit only confirms that the application is in accordance with public laws. There may be private agreements and/or other commitments, such as easements, that can prevent the implementation of the building permit.
If the particular land is not covered by a local zoning and development plan enacted by the city council, a planning permit must be obtained prior to the filing of an application for a building permit. According to Zoning and Development Act there is a distinction between planning permits for public developments and for private ones. There are two different decisions. They cannot be issued unless the conditions specified in the Act are satisfied.
The following conditions must be satisfied in order to obtain a planning permit:
It should be stressed that a planning permit may be obtained irrespective of whether the interested party holds legal title to the land. Moreover, any entity is entitled to obtain planning permission since such a decision is not binding and it expires if another planning permission holder obtains a building permit.
Major construction works may be subject to a licensing procedure (in which case the control is more demanding and time-consuming) or to a prior notice procedure (in which case the control is lighter and faster). These procedures begin with a request from the interested party, which is sent together with the project and the descriptive document, among other supporting documents.
In cases where the works are subject to a licensing procedure, the matters that can be inspected by the Municipality have been limited by the recent changes in the law, their powers of inspection can only be used to analyse the conformity of the projects with the legal regulations (for example, conformity with the municipal urban plans, conformity with the proposed use), being forbidden from analysing other elements (such project works inside the building or its units).
Some works are regarded as having little urban significance and are not subject to any prior control procedure (for example, maintenance works). The number of works that do not require any prior control procedure has been increased with the new regulations.
Finally, there are cases where it is only necessary to send a prior notice within a deadline, this is the case for a change of use in buildings or autonomous units that have already been issued.
Use, or a change in use, is subject to a procedure of authorisation in which the work’s compliance with the approved project or the compliance with the appropriate legal and regulatory standards is tested.
During the construction phase, if the works are not subject to prior notice, a company may request to change the designated use of the building, and if within a 20-day period, there is no response from the Municipality, the change is considered accepted.
Under very specific circumstances, defined in the Law Decree nº10/2024, if there is a Prior Information Request (PIP) and it approves the project, then licensing procedure or previous notice can be waived, as long as the works begin within 2 years of the favourable PIP.
The regulation that establishes the procedures is the Legal Framework for Urbanization and Building (Regime Jurídico da Urbanização e Edificação).
According to the Law 50/1991 regarding construction works, in order to obtain a building permit the following steps must be followed:
In addition, when necessary due to the importance and/or complexity or specifics of the construction works or when derogation from the provisions of the existing urban planning documents is requested by the investor, the investor may be required by the authorities to prepare a zoning urban plan or a detailed urban plan.
Furthermore, the authenticated (by the notary public) approval of the neighbours necessary for the purpose of changing the use of existing buildings, or for the development of buildings with a different use from that of the neighbouring buildings, must be contained in the technical documentation filed for the issue of the building permit.
The proposed structure must comply with the zoning plan of the relevant region. The process can be divided into three phases (until 1 April 2024):
Pursuant to the Building Act, a zoning permit is not required in a number of defined cases, such as small buildings, maintenance of buildings or telecommunication constructions.
The proceedings are commenced by an application, which should describe the proposals and include documentation specified in the Building Act. The application must also contain a list of persons and legal entities that are to be considered as participants and are known to the applicant (eg neighbours).
The relevant building office (being a municipality or district office) will consider whether a particular construction can be built in a particular area.
Please note that the zoning permit is granted for a limited period of time (usually two years).
The Building Act lists developments where the issuance of a building permit is not required and a regime of notification to the relevant building office or an unrestricted regime will apply. If the building permit regime applies, a developer must apply for a building permit as is the case with a refurbishment or alteration works or maintenance works to the building.
In certain instances, the zoning permit can be issued in one proceeding with the building permit. This applies to minor constructions and to structures in areas with a zoning plan.
In addition, a building office shall be provided with standpoints of various state bodies before rendering any decision (eg if a cultural monument is concerned, a standpoint of an office of monuments is required).
The process involves the application for an 'activity permit' together with a 'technical project' made to the city or town council. Such project has to fulfil the requirements and policies included in the urban planning regulations and in the environmental regulations for the relevant plot of land.
Further to this application, the city council will establish any possible corrective measures (conditions) required for the relevant activity and whether they should grant it.
The complexity of the process for obtaining permission for a new designated use depends on the extent of the works to be carried out. Generally, however, the process begins with an application for a planning permission. The application is made to the municipality where the property is located. The municipality then deals with the application and verifies that it complies with statute and policy on a national and regional basis.
Depending on the complexity of the application, the planning officer at the municipality can require additional information to be communicated by the applicant. The planning officer may also send the application to other authorities for review.
The application will then be subject to a decision by the municipal planning committee which will decide whether or not a permit will be issued.
The developer must apply for a building permit from, or submit a notification of building construction to, the relevant local authorities. The applicant must file an application or submit a notification together with the blue prints and layout of the building. The authorities will consider the application or the notification and the plan based on the relevant zoning and building control regulations. After examination, construction permit approval or receipt of notification (as applicable) will be issued.
The DUPM has established a streamlined process to review development proposals, depending on the nature of the development.
This process in short includes a review which will be tailored to small, medium and large applications, comprising:
The DUPM will hold an initial meeting as soon as a development site has been acquired, where the DUPM will explain plans and policies that will determine site development potential and outline the upcoming development review. It also helps set the parameters for supportable development and alerts the applicant to the documents/agencies that should be consulted.
The applicant will then prepare site analysis (including elements such as transportation, habitat, climate and infrastructure) to prepare preliminary development options for the site. Two options for general land use and site layout must be provided.
The DUPM shall review this to check compliance with the Emirate’s urban planning policies (eg Capital 2030, land uses, densities and Estidama (an environmental concept/plan)).
The applicant and the DUPM select the preferred option and work together to prepare a complete concept review application.
This application covers all of the systems-level components of a development consent. It will include site and massing plans, a comprehensive approach to open space and community facilities. The DUPM and up to twenty other review agencies evaluate the plan to check it complies with other plans and polices and agree on the seven key elements of the plan which include: land use; density; building form; site layout/design; services; strategies; and phasing.
Applicants with small and medium sized projects shall prepare and submit detailed site and building plans for review. This step also confirms that any conditions of approval have been met.
For large projects, this stage of the process is aimed at helping applicants translate concept masterplans into detailed regulations and guidelines.
For small and medium sized projects once these steps have been satisfactorily carried out, this is the end of the planning review process and they can move on to apply for municipal building permits from the relevant municipality. Additional developer and DUPM/municipal review shall be required for large projects to ensure compliance with DUPM-approved regulations and guidelines before they can apply for building permits.
The four step review of the proposal is carried out for the purpose of obtaining permissions for significant new developments. There are limited laws dealing with changes of use without actual building work. Following a successful review, a building or works permit then needs to be obtained from the relevant municipality. This is done by submitting the proposed drawings to the relevant municipality. There is no limit on the grounds under which the municipality can refuse permission.
Each relevant authority has a slightly different procedure regarding their permissions process. Generally, the permitted use is found on the affection plan. We are unaware of any situation where the designated use has been amended.
There are limited laws dealing with changes of use without actual building work. A building or works permit then needs to be obtained from the relevant municipality. This is done by submitting the proposed drawings to the relevant municipality.
There is no limit on the grounds under which the municipality can refuse permission.
At its simplest the process involves the submission of a planning application form together with supporting information describing the proposals and the relevant fee to the relevant local planning authority. It will publish and refer the application and the information accompanying it to a range of consultees, including the public, and seek comments from them. Note also that major developments (as defined) in Wales and some onshore wind projects in England required pre-application consultation.
Taking account of the consultation responses, any site visit, planning policies and all material considerations, a report will be prepared by a planning officer (the individual within the local planning authority with responsibility for dealing with the planning application) which will recommend whether planning permission should be granted or refused.
Depending on the nature of the proposal, the final decision on the application will either be made by planning officers under powers delegated to them by the local planning authority or will be referred to a committee or executive board for determination.
The basis upon which the planning system works is that proposed development which is in accordance with policy and an up-to-date development plan should be granted permission, unless material considerations indicate otherwise. If planning permission is refused, an appeal may be submitted.
Large projects over certain thresholds which are Nationally Significant Infrastructure Projects in England are subject to a development consent process with decisions made by the appropriate Secretary of State (ie a senior member of the government, a politician appointed by the Prime Minister). Similarly, Developments of National Significance in Wales are also subject to a specific consenting process.
In England planning permission for residential-led development can also be obtained by securing permission in principle (PIP) (either through designation in a brownfield land register or through application to the local planning authority) and technical details consent.
At its simplest, the process involves the submission of a planning application to the local planning authority describing the proposals to the relevant local planning authority, who will refer the application and the information accompanying it to a range of consultees including the public and seek comments from them. A report will then be prepared with a recommendation as to whether planning permission should be granted or refused.
Under a hierarchy of development introduced by the Planning etc (Scotland) Act 2006, different development management procedures will apply depending on the type and scale of development proposed. For developments classed as 'local development', a significant proportion of applications will be delegated for determination by planning officers whilst the remainder will be determined by a planning committee.
For development classed as 'major development', the applicant must undertake consultation on the proposed development before an application may be submitted. The application is determined by a planning committee.
If an application for major development would involve a significant departure from the development plan or if an application is for 'national development' then, in additional to the pre-application consultation requirement, a hearing must be heard before the application can be determined. Anyone who has lodged a representation on such an application has the right to be heard at such a hearing.
Under Ukrainian legislation permission for development is granted by means of the authorization of plots of land for construction purposes by the local councils, state administrations or the State Service of Ukraine for Geodesy, Cartography and Cadastre (depending on the location, the ownership and zoning of the plot of land) and the issuance of initial data for planning by the authorized local architectural and construction authorities to the owners and users of those plots of land ready for development subject to consideration of applications to be made by those owners and users. Provided that construction is in line with existing town planning documentation and the zoning of the plot of land, the owner/user of the plot of land should obtain town planning conditions and restrictions for development of the plot of land, which represent an authorization to commence planning works.
The complexity of the construction procedure depends on the complexity of the building.
Technically simple buildings may be constructed without the development and approval of planning documentation and based on declarations of commencement and completion of construction works.
The planning documentation for a complex building should be approved by the independent experts which are certified for such works. The expert organizations are entitled to involve the state land resource, environmental, sanitary and other competent authorities in the conduct of an expert review of the documentation. After approval of the planning documentation the Permit for the Carrying out of Construction Works (the document allowing commencement of construction works) should be obtained from the central state authority responsible for the state policy in respect of state architectural and construction control and supervision (at the moment such authority is newly created State inspection of architecture and town planning of Ukraine that have to replace State Architectural and Construction Inspectorate of Ukraine) and, from 1 September 2015, also from the relevant local municipal authority). Before approval of the planning documentation only preparatory works (eg excavation works) may be undertaken subject to obtaining a Permit for the Carrying out of Preparatory Works.
Be aware that creation of the State inspection of architecture and town planning of Ukraine was provided by Resolution of the Cabinet of Ministers of Ukraine No 1340 dated 23 December 2020. The newly created authority is in the process of being established.
In October 2015 an initiative to submit construction documents required to obtain a permit electronically was launched. Thus, the relevant notification as to the commencement of preparatory or construction works, as well as the declarations on completion of construction may be submitted on-line via the web-site of the electronic administrative services. Starting from 30 November 2020 documents allowing commencement of construction works (except technical simply building and works) should be obtained electronically.
On 17 January 2017 the Parliament adopted a law implementing a new classification of buildings. The law came into force on 10 June 2017. Thus, Town Planning Law divides all buildings by three classes of consequences instead of 5 existing categories of complexity: I class of non-essential consequences – technically simple buildings, II class of medium and III class of essential consequences – technically complex buildings. Based on new amendments to town planning legislation, the buildings of I class of consequences may be constructed after development of project documentation based on notification on commencement of construction works. The buildings of II and III class may be constructed after development of project documentation, which is subject to mandatory expertise, based on the Permit for the Carrying out of Construction Works. The buildings of I class of consequences are commissioned based on the declaration on completion of works, and buildings of II and III classes of consequences based on the act and certificate of readiness for exploitation.
Requests for a new designated use are evaluated by local planning and zoning professionals. When the use is not already “permitted” or otherwise allowed in the existing zoning district, a local reviewing body that is appointed or designated by local elected officials, such as a local Planning Commission or Board Zoning Appeals, may also review the request and issue a recommendations to the local elected officials, who issue a final determination.
The process for obtaining permission to implement a new land use involves the submission of an application, the form of which is prescribed by the local planning and zoning authority. The application varies among localities, but typically includes details such as the specific uses (such as office, hotel, retail, warehouse, data centre, shopping centre, residential, gas station); total gross square feet of development and/or number of dwelling units; the lot or building configuration; set-backs from adjoining properties,; type of dwelling units, if applicable; the proposed transportation systems and improvements; parking; building heights; nature and extent of landscaping, pedestrian linkages; architectural style; open spaces; any public amenities, and other details). The local planning and zoning authority will review the application and the accompanying plans, architectural drawings, and other information. Certain elements of the application may be negotiated and refined through an iterative review process with the local planning and zoning authority. A report will be prepared by a planning and zoning professional within the local authority. The report typically provides an analysis and recommendation as to whether the request to implement a new land use should be granted.
Depending upon the type of approval sought and governing zoning ordinance regulations, the local reviewing body may be required to hold a public hearing at which the applicant is typically will be given an opportunity to present testimony and facts supporting approval of the land use proposal. At a public hearing, residents, business owners, and other stakeholders and members of the public will also be given an opportunity to present testimony in favour of or against the proposal.
The local reviewing body will issue findings of fact and recommend whether the request should be granted or denied.
Depending on the nature of the proposal, the final decision on the application will either be made by planning professionals under powers delegated to them by the local elected officials, the local reviewing body or the elected officials.
If the application is denied by the body that issues the final determining vote, an appeal may be submitted to a local appeals board or to local or state courts in the form of a lawsuit challenging the municipality’s action.
An application for change in use of land would need to be lodged with the responsible authority. Depending on the land, the responsible authority may be the Minister of Lands, the Minister of Local Government or the relevant local authority.
Even where a developer (private or public) is responsible for putting structures, plans for the structures need to be prepared by the developer and approved by the responsible planning authority. The actual construction process only begins after the approval of the dwelling plans.
