Building land – by law
The definition under Section 43h of the Building Code reads:
“Building land means the part of the territory designated by the municipality’s zoning plan or the zoning plan of a zone or by a zoning decision for development and the land developed with a building.”
This definition in the Building Act is quite broad, as many plots of land can be used for some kind of building (e.g. residential, or agricultural, etc.).
Building land – in common parlance
In common parlance, we understand “building land” to mean mainly land on which houses, apartment buildings, or commercial buildings can be built. This term is mainly used in advertising.
So, if you want to check whether the land is really building land, in most cases you have to look at the planning plans or zoning decisions (if any). The most up-to-date information can be obtained from the relevant authority (especially the municipality).
Building land and cadastre
It cannot be clearly determined from the Land Registry whether it is a building plot. The Cadastral Act has separately defined categories of land and does not know the type of land “building land”.
Even land registered in the cadastre as “arable land” or “gardens” may be building land designated for development according to the zoning plan, but we cannot find this out from the cadastre because the cadastre does not keep data on zoning. The purpose of the cadastre is mainly to record current data and not to record planned development.
Building land – what does it mean in practice?
The building authority (most often the municipality) is obliged to examine in the zoning proceedings and in the construction proceedings whether the builder’s intention is in accordance with the zoning plan or zoning decision, with the requirements for environmental protection, requirements for the protection of human health, etc..
For building plots, we are most likely to be granted planning permission or a building permit. If you would like to build on non-building land, the building authority should refuse your application on the grounds that the future building is not in accordance with the planning permission.
The procedure for issuing building permits and zoning decisions is regulated by the Building Act.
