We interpret conservation areas as areas declared on the basis of clauses §5 and §6 of Act No. 20/1987 Sb., on National Heritage Care in the wording of later regulations on heritage zones and heritage reservations.
What must one check first of all?
One has to check if the municipality in whose land registry the land in question is found has a valid zoning plan.
Where to find out the preceding informaction?
As a rule on the website of the municipality and at the relevant planning authority in charge of the municipality.
What steps to take to effect a change in land use?
If the municipality has a valid zoning plan, one has to apply to the planning authority in charge of the municipality for a change in the zoning plan.
To save time, should I apply to the local planning authority for the change of use and then contact the National Heritage Institute, or should I reverse the order?
It is worthwhile to discuss the change with the National Heritage Institute first of all and only then, on the basis of a positive assessment, apply to the local planning authority in charge of the municipality for change of use.
To whom should one refer in the National Heritage Institute?
Expert assistance on change in land use in conservation areas is available in every department of the National Heritage Institute.
The regional remit of individual departments, with regards to land-use planning documentation:
| Type of municipality/town | Expert opinion for Planning Permission issued by: |
|
local municipality/town where there is a heritage reservation (PR); buffer zone for a heritage reservation (OP MPR); local municipality/town where there is a property inscribed on the UNESCO World Heritage List; buffer zone for a property inscribed on the UNESCO World Heritage List; local municipality/town where there is a National Cultural Property (NKP);* buffer zone for a National Cultural Property (OP NKP) *; Central Branch / Headquarters of the NPU |
local municipality/town where there is a heritage zone (PZ); buffer zone for a heritage zone; local municipality/town where there is a National Cultural Property (NKP); buffer zone for a National Cultural Property OP NKP); local municipality/town where there is an immovable cultural monument (KP); buffer zone for an immovable cultural monument relevant regional branch of the NPU |
* Depending on whether the relevant department delivers an opinion in the correct procedure for a particular NKP as per sections §14 & §10 of Act No. 20/1987 Coll., on State Heritage Preservation, as amended.
It is possible to refer to the Central Branch / Headquarters in Prague for expert assistance or consultation in the case of serious cause or query.
What to avoid?
Submitting a design for change in land use in conservation areas to the procurer of the land-use planning documentation (UPD) without previous consultation with the National Heritage Institute.
What does one gain, by avoiding the above?
You thus avoid the typical mistakes made by many applicants who do not consult the National Heritage Institute on their design, and the procurer attempts to acquire the change in land-use planning documentation on the basis of a design with insufficient consideration for the interests of heritage management, in which case the procurer is prevented from taking this change forward on the basis of a negative assessment by national heritage management authorities.
If you communicate with the NPU right from the beginning of your design, you will save time for yourself, the architect and the Institute, and allow enough scope to consult on your design. Furthermore you will save financial resources (procuring change of use of land in zoning plan is financed by the applicant).
Links:
- Act No. 183/2006 Coll., on Spatial Planning and Building Regulations
Key Words:
- Heritage reservation
- Heritage zone
- Land-use planning documentation
- Change in land use