Planeerimisseadus (PlanS)

§ 1. Aim and scope of regulation of this Act

(1) The aim of this Act is to create – through spatial planning (hereinafter, 'planning') and by promoting environmentally sound and economically, culturally and socially sustainable development – the preconditions that are necessary to provide for democratic, long-term and balanced spatial development and land use and to for a high-quality living and built environment.

(2) This Act establishes the principles of spatial planning and the requirements for spatial planning procedure and for the implementation of spatial plans.

(3) Provisions of the Administrative Procedure Act apply to the administrative procedure provided in this Act without prejudice to the rules established by this Act.

§ 3. Spatial plan

(1) A spatial plan is an inclusive spatial solution that is created for a particular land area (hereinafter, the ‘planning area’) and that, in situations provided for by law, establishes the land use and building requirements for that area.

(2) A spatial plan consists of an explanatory memorandum and technical drawings that are created as a result of the planning exercise and that complement each other and constitute an integral whole.

(3) The explanatory memorandum of a spatial plan states the conclusions drawn from analysing the planning area and its impact areas and the goals of spatial development, the description of the planning solution chosen and the reasons for choosing that solution.

(4) A spatial plan includes annexes which contain information regarding the application to initiate creation of the plan and the cooperation and procedural operations carried out in the course of the planning process, regarding the actions required in order to implement the plan and, where necessary, regarding the sequence of such actions, as well as any other information that is related to the spatial plan and requires preservation. Where strategic environmental assessment is carried out as part of spatial planning proceedings, the strategic environmental assessment report constitutes an annex to the spatial plan. Where a preliminary assessmen in accordance with the Environmental Impact Assessment and Environmental Management System Act is drawn up, such an assessment constitutes an annex to the plan. Where, in the framework of spatial planning proceedings, an administrative contract under § 130 or § 131, or a contract under subsection 21 of § 4 of this Act is concluded, such a contract is deemed an annex to the spatial plan.

(5) The decision by which a spatial plan is brought into effect serves as the basis for creating building design documentation and may specify actions required in order to implement the spatial plan and, where necessary, the sequence of such actions. The actions required in order to implement the spatial plan and the sequence of such actions are included at the latest in the decision by which the plan is approved.

(6) The minister in charge of the policy sector may, by means of a regulation, enact requirements concerning:

1) implementation of the principles of planning;

2) specification of the manner in which the tasks of spatial plans are to be fulfilled;

2¹) applications to initiate the creation of spatial plans;

3) the form of spatial plans;

4) the structure of spatial plans;

5) the documents related to public disclosure and their preservation.

§ 4. Authorities that organise spatial planning work

(1) Authorities that organise spatial planning work are, according to their competence, the Ministry of Economic Affairs and Communications, other relevant authorities of the executive branch and municipalities.

(2) The duties of the authority that organises spatial planning work include:

1) ensuring the existence of spatial plans corresponding to the land area;

2) arranging the creation of spatial plans;

3) creation of spatial plans or commissioning the creation of such plans;

4) carrying out the procedural operations required to in the course of creating a spatial plan;

5) assessment of the relevant economic, social, cultural and environmental impact to result from implementation of the spatial plan, including arranging its strategic environmental assessment;

6) following, reviewing and implementing spatial plans that have been brought into effect to the extent of the duties imposed by legislation on the authority.

(2¹) The authority arranging creation of the spatial plan – including a national or municipal designated spatial plan – that serves as the basis for creating the building design documentation may conclude, with the party interested in creating the plan, a contract to assign to that party the obligation to bear the costs connected to commissioning creation of the plan and assessment of the impact mentioned in clause 5 of subsection 2 of this section.

(2²) The authority that organises spatial planning work may set a reasonable time limit for performing an operation in spatial planning proceedings, provided this Act or other legislation has not provided a time limit for the operation.

(3) The minister in charge of the policy sector may convene an advisory body which consists of up to twenty members and which advises the authorities that organise spatial planning work and issues guidelines in order to achieve a spatial development that takes into account the long-term needs and interests of members of Estonia’s society.

(4) The Government of the Republic, by regulation, enacts the rules for cooperation and the principles for endorsement of spatial plans.

(5) The authority that organises spatial planning work ensures that the spatial plan is created by a person who possesses a higher education in the relevant field and has sufficient prior work experience or by a person who holds a corresponding professional qualification (hereinafter, 'spatial planner'), taking into account the type and purpose of the particular spatial plan. Where a strategic environmental assessment is carried out as part of spatial planning proceedings, the environmental impact must be assessed or the assessment of the environmental impact must be supervised by a lead expert who meets the requirements set out in the Environmental Impact Assessment and Environmental Management System Act.

(6) Spatial planners and any other persons who possess specialised knowledge and participate in creating a spatial plan must:

1) possess knowledge and skills that correspond to the specific character of the work;

2) observe the duty of diligence in order to ensure the high quality of the spatial plan and its conformity to the requirements;

3) observe the duty to give explanations, which includes the giving of information, in relation to matters connected to the spatial planner’s or any other person’s actions, to the authority that organises spatial planning work or to any other party;

4) ensure the conformity of the spatial plan to the relevant legislation.

(7) The recognition of the professional qualifications of persons who have acquired their professional qualification in a Member State of the European Economic Area or European Union is subject to the Recognition of Professional Qualifications Act. The competent authority mentioned in subsection 2 of § 7 of the Recognition of Professional Qualifications Act is the Ministry of Economic Affairs and Communications.

§ 4¹. Database of spatial plans

(1) The database of spatial plans (below in this section, ‘the database’) is a database that is part of the state’s information system and that serves to preserve and make available to the public spatial plans, the annexes that constitute a part of those plans as well as spatial planning proceedings and the operations carried out and decisions taken in the course of those proceedings.

(2) The database preserves and makes available to the public information on thematic spatial plans mentioned in subsection 2 of § 13 of this Act, on national designated spatial plans, county-wide spatial plans, comprehensive spatial plans, municipal designated spatial plans and detailed spatial plans.

(2¹) The following persons’ general data are processed in the database:

1) the person with an interest in the creation of the spatial plan;

2) the person who creates the plan;

3) the person who endorsed the plan;

4) the person who issues an opinion in the course of spatial planning proceedings;

5) the person who creates an investigation in the course of spatial planning proceedings;

6) the parties to an administrative contract concluded in the course of spatial planning proceedings;

7) the parties to a contract concluded in accordance with subsection 2¹ of § 4 of this Act;

8) the persons invited to participate in the spatial planning proceedings;

9) the persons notified of the spatial planning proceedings.

(2²) Personal data are preserved in the database until the end of the period during which the spatial plan is in effect, after which the plan is transferred to the public archives.

(3) Constitutive regulations of the database are enacted by the minister in charge of the policy sector by a regulation.

(4) The controller of the database is the Land and Spatial Planning Board.

(5) The processors of the database are designated in its constitutive regulations.

(6) The following particulars and documents are collected in the database:

1) explanatory memorandum of the spatial plan;

2) the plan’s drawings as presented;

3) digital layers of the plan;

4) the plan’s annexes;

5) decisions made in the course of the spatial planning proceedings.

(7) The constitutive regulations of the database lay down the rules governing the keeping of the register, including:

1) data providers and the data to be received from them;

2) dataset specification;

3) tasks of the controller and processor;

4) rules governing access to and release of data;

5) specific time limits for data retention;

6) other organisational matters.

(8) The authority that organises spatial planning work may, through the database, invite the participation of persons whose rights or interests may be affected by the spatial planning proceedings, as well as of persons who have expressed an interest to participate in the proceedings. For this purpose, the authority may, through the database, send such persons notifications concerning the proceedings or procedural operations.

§ 5. Joint declaration

(1) Where, during spatial planning proceedings, more than 20 persons present similar or substantially similar opinions regarding a solution of the spatial plan that is being created, and have not appointed a representative for the purposes of the proceedings, the authority arranging [below, in this translation, also ‘the authority that arranges’, ‘the authority to arrange’ and ‘the authority that arranged’] creation of the spatial plan may require the persons presenting the opinion to appoint a representative. All signatories of the joint declaration must be identifiable and must add their contact particulars to the declaration.

(2) If the persons presenting the opinion do not appoint a representative within 30 days following reception of the corresponding requirement from the authority arranging creation of the spatial plan, the authority may independently designate a representative from among the applicants. The designated representative may be, among others, the person who signed the joint opinion first, who presented or handed over the opinion to the authority or who communicated in any other manner with the authority in the name of other persons who subscribe to the opinion.

(3) Where a representative has been designated, they notify to the authority arranging creation of the spatial plan the method of communication that suits them.

(4) The representative designated by the authority arranging creation of the spatial plan may at any time resign their position, notifying this in writing to the authority. When the designated representative resigns, the authority arranging creation of the plan may designate a new representative in accordance with subsection 1 of this section or require that the persons presenting the opinion appoint their own representative.

(5) Any represented person may at any time withdraw from being represented by the representative designated by the authority arranging creation of the spatial plan, notifying this to the authority in writing. When a represented person withdraws from being represented, they inform the authority that they withdraw the opinion or wish to participate in the proceedings as an invited party.

§ 6. Definitions

The terms used in this Act are defined as follows:

1) 'pre-selection of a location' [in this translation, also ‘pre-selecting a location’] means the selection, performed by considering different possible locations, of the most suitable location or land area for the planned construction work;

2) 'requirements concerning the architecture of the construction work' mean, first and foremost, the requirements concerning the overall spatial solution of the construction work;

3) within the overall solution of a construction work, 'requirements concerning the appearance of the construction work' deal with, for instance, the details of the construction work;

4) 'type of buildings characteristic of the area' means the set of features characteristic of buildings in the area and may consist in the height and volume of the buildings, the size and layout of the plots, the location of buildings on the plot or in relation to each other;

5) 'buildable area of the plot' means the area on the plot designated in a spatial plan on which buildings and civil engineering works permitted by the building rights of the plot may be erected;

6) 'clearance' means the least permitted distance between construction works and is defined in accordance with legislation;

7) 'intended purpose of use of a plot' defines the purpose for which the plot may be used after the spatial plan has been brought into effect;

8) 'plot' means a land area which is defined in the detailed spatial plan and in respect of which building rights are granted;

9) 'principal purpose of land use' means the dominant purpose that is determined by the comprehensive spatial plan in respect of a land area and that sets the main directions of further land use in the entire region to which it applies;

10) 'spatial planner' means a person who possesses a higher education corresponding to Master's level in the specialism of geography, architecture or landscape architecture or a person holding the professional certificate of the level of an authorised specialist or a person who has been granted the qualification of a spatial environment planner;

11) 'implementation of the spatial plan' means actions whose goal is to implement the substance of the plan and to ensure that the requirements established in the plan are observed, which is, first and foremost, the duty of a public authority;

12) 'initial positions' means a document that is created as part of spatial planning proceedings at the time of initiation or after initiating the creation of the spatial plan and in which the authority arranging creation of the spatial plan describes the need for and the purpose of creation of the plan and the tasks the plan aims to fulfil, proposes a preliminary timetable for creation of the plan and provides an overview of the surveys required for, and of the persons to be invited to participate in, creation of the plan;

13) 'significant spatial impact' means an impact which, in comparison with the previous conditions at the envisaged location of the construction work, causes a significant change in the volume of transport, concentration of pollutants, number of visitors, visual impact, smell, noise, demand for raw materials or labour and whose impact extends to a large territory;

14) 'principal solution of the spatial plan' means the significant part of a spatial plan that, on implementation of the plan, ensures the overall functioning of the planning solution;

15) 'planning solution' means the inclusive spatial solution that has been created in respect of the planning area and that, on implementation, permits the land and construction works envisaged by the spatial plan to be used according to their intended purpose, provided the land use and building requirements specified in the spatial plan are observed;

16) 'green area' means an area covered with vegetation of either natural or anthropogenic origin in an urban municipality in its capacity of a settlement, in a town or a small town or in a densely populated area within a village;

17) 'green network' means a system which comprises natural and semi-natural biotic communities, ensures the preservation of various types of ecosystems and landscapes and counteracts the impact of human settlement and of economic activities and which consists of a base area and of green corridors that connect base areas.

§ 7. Issuing guidelines for planning

(1) The Ministry of Economic Affairs and Communications may issue guidelines to define the principles and directions of spatial development in order to:

1) promote the creation and preservation of integral environments of high quality;

2) harmonise the practices of arranging the creation of spatial plans;

3) ensure the balance between different interests and values;

4) provide other explanations in relation to the application of this Act.

(2) The guidelines are made public on the website of the Ministry of Economic Affairs and Communications.

§ 8. Principle of improving the living environment

A spatial plan must, while preserving existing values, establish the preconditions for the existence and preservation of a sustainable, functional, diverse, user-friendly, quality and safe living environment and of a spatial fabric that reflects the values of the community, and for the development of aesthetic surroundings.

§ 9. Principle of inviting the public to participate and of informing the public

(1) Spatial planning proceedings are open to the public. The authority that organises spatial planning work must inform the public of the proceedings in understandable terms, provide sufficient invitation to the public to participate in the proceedings and, in the course of creation of the spatial plan, arrange public displays and public discussions of the plan in order to introduce the plan to the public.

(2) Everyone has a right to participate in spatial planning proceedings and, during those proceedings, express their opinion regarding the spatial plan that is being considered.

(2¹) When holding public discussions at locations prescribed by this Act, the authority arranging creation of the spatial plan may allow participation in such discussions also by electronic means, by real-time two-way communication link or a similar electronic method that permits a participant of the discussion to follow the discussion and to express their opinion.

(2²) Where – due to restrictions established concerning the holding of public meetings and public events – it is not possible to hold public discussions at locations prescribed by this Act, such discussions may be held exclusively by electronic means, real-time two-way communication links or similar electronic methods that permit participants of the discussion to follow the discussion and to express their opinion. Holding a public discussion by the aforementioned methods is permitted only if all parties who have expressed a desire to participate in the discussion have consented to this.

(3) Everyone has a right to receive, free of charge, relevant information regarding spatial planning proceedings and the spatial plan.

§ 10. Principle of balancing and integrating interests

(1) The authority that organises spatial planning work must balance different interests, including public interests and values, consider them in the light of the principles of spatial planning and the goals of the spatial plan, and integrate them in the planning solution.

(2) A spatial plan expressing national interests must be guided by the national interests, taking into account local needs and interests where this is possible.

(3) A spatial plan expressing local interest must be guided by the local interests and must be in conformity with spatial plans expressing national interests and with other strategic documents expressing spatial aspects.

§ 11. Principle of sufficiency of information

(1) The authority that organises spatial planning work must, when making planning arrangements, take into account the relevant strategies, risk analyses, existing spatial plans that are in effect, development plans and other documents that have an impact on spatial development, as well as any other relevant information.

(2) The authority that organises spatial planning work has a right to receive, free of charge, information required for the creation of spatial plans. The authority must ensure the preservation and availability of any information gathered during planning proceedings.

(3) Endorsements and opinions are provided free of charge, unless otherwise provided by law.

§ 12. Principle of expedient, reasonable and sustainable land use

(1) When creating spatial plans, appropriate use of previously used areas or of insufficiently used areas must be promoted where possible.

(2) When planning human settlements, the built environment and green areas must receive balanced consideration, taking into account circumstances dictated by the existing environment and the specific location.

(3) When creating spatial plans, where possible, preference must be given to solutions that are environmentally sound and ensure good energy performance, and the use of renewable energy must be facilitated.

(4) When creating spatial plans, changes in climate must be taken into account and, where this is possible, measures taken to prevent and mitigate such changes and adapt the living environment to them.

§ 13. National spatial plan and the authority to arrange its creation

(1) A national spatial plan is created for the entire territory and exclusive economic zone of Estonia.

(2) A national spatial plan may be created as a thematic spatial plan.

(3) ‘National spatial plan’ means a spatial plan whose purpose is to define long-term principles and directions for the sustainable and balanced spatial development of Estonia’s territory and exclusive economic zone, and to envisage an integral spatial solution for achieving Estonia’s strategic goals.

(4) Strategic environmental assessment is mandatory when creating a national spatial plan.

(5) The national spatial plan forms the basis for the creation of county-wide spatial plans.

(6) The authority to arrange creation of national spatial plans is the Ministry of Economic Affairs and Communications.

§ 14. Functions of a national spatial plan

(1) The functions of a national spatial plan are:

1) to determine the general principles and directions of the development of human settlement on the territory of Estonia;

2) to determine the principles and directions concerning the development of the national transport network, including at the international level;

3) to determine the principles and directions of other infrastructure, including energy, gas and communication networks;

4) to determine the general principles and directions of the exploitation of the ground below surface;

5) to determine measures to ensure the preservation and functioning of valuable landscapes, valuable arable land and the green network;

6) where necessary, to provide guidelines for creating county-wide spatial plans;

7) to perform other tasks related to the functions mentioned in this section.

(2) The functions of a thematic spatial plan for a sea area and an adjacent coastal area, and for the exclusive economic zone, are:

1) to determine the principles and directions of the balanced spatial development of sea area;

2) to determine the measures required for the protection of marine environment;

3) to take into account, in a spatial plan, the location of waterways and, where necessary, to make recommendations for rerouting waterways or for planning new waterways;

4) to determine the location of harbours;

5) to determine measures to ensure the functioning of fisheries;

6) to take into account, in a spatial plan, the protected areas and the conditions for their use;

7) to determine the location and general building conditions of construction works that do not have a permanent connection to the shore;

8) to identify sea areas that serve national defence purposes and to define the conditions for the use;

9) to ensure measures required in order to commence the exploitation of mineral resources and to determine the land use conditions concerning areas influenced by the mining of mineral resources;

10) to define recreation areas and to determine the conditions of their use;

11) to determine the measures required to ensure the preservation of heritage values;

12) to identify suitable areas for constructing energy, gas and communication networks;

13) to perform other tasks related to the functions mentioned in this subsection.

(3) Decisions on tasks to be dealt with by a nationwide spatial plan are based on the spatial needs of the state and on the purpose of the plan.

§ 15. Cooperation and invitation to participate in the creation of a national spatial plan

(1) A national spatial plan is created in cooperation with Ministries and national associations of municipalities.

(2) The Riigikogu, the relevant municipalities as well as any other persons and authorities who may have a legitimate interest in the significant environmental impact that may be presumed to result from implementation of the national spatial plan or in the directions of spatial development in the planning area, including, through an organisation that unites them, environmental non-governmental organisations, are invited to participate in the creation of the plan.

(3) Any person who has expressed an interest in being invited to participate in the creation of the national spatial plan may be invited to participate in creating the plan. If the authority arranging creation of the plan invites a person mentioned in this subsection to participate in its creation, the provisions established in respect of persons and authorities mentioned in subsection 2 of this section also apply to that person.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the national spatial plan the method of communicating to them any notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(5) During the process of creating the national spatial plan, the plan is made public on the website of the authority arranging its creation together with its significant annexes, above all surveys, endorsements, opinions and other up-to-date information.

§ 16. Initiating the creation of a national spatial plan and its strategic environmental assessment

(1) Creation of a national spatial plan and its strategic environmental assessment is initiated by the Government of the Republic

(2) The order to initiate the creation of a national spatial plan and its strategic environmental assessment states the purpose of creating the plan and the time when and place where members of the public can acquaint themselves with the initiation order.

(3) Initiation of creation of the national spatial plan and of its strategic environmental assessment is announced within 30 days following the initiation in at least one newspaper of nation-wide circulation and, within 14 days following initiation, in the Official Announcements and on the website of the authority that initiated, as well as of the authority arranging, creation of the plan. The announcement states the particulars mentioned in subsection 2 of this section.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified in writing of initiation of creation of the national spatial plan and of its strategic environmental assessment within 30 days following the initiation.

§ 18. Invitation to present proposals regarding initial positions for the national spatial plan and its strategic environmental assessment programme

(1) The authority arranging creation of the national spatial plan transmits the initial positions for the plan and its strategic environmental assessment programme to the persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act, inviting those persons and authorities to present proposals in regard to these documents and sets a time limit that may not be shorter than 30 days for the presentation of the proposals.

(2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act present their proposals regarding the initial positions for the national spatial plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of that programme.

(3) If a person or authority mentioned in subsections 1 and 2 of § 15 of this Act has not presented a proposal within the set time limit, the person or authority is deemed to have declined to present proposals regarding the initial positions for a national spatial plan and its strategic environmental assessment programme.

(4) The authority arranging creation of the national spatial plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions for the plan and in its strategic environmental assessment programme.

(5) The initial positions for the national spatial plan and for its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act, are made public on the website of the authority arranging creation of the plan.

§ 19. Public display of the proposed national spatial plan and its strategic environmental assessment report

(1) The authority arranging creation of the national spatial plan arranges public display of the proposed plan and of its strategic environmental assessment report.

(2) During the time of public display of the proposed national spatial plan and its strategic environmental assessment report, everyone has a right to present opinions concerning the proposed plan and report.

(3) The duration of public display of the proposed national spatial plan and of its strategic environmental assessment report is at least 30 days.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified of the public display of the proposed national spatial plan and of its strategic environmental assessment report before commencement of the display. The notification states the time and place of public display and the particulars mentioned in subsection 6 of this section.

(5) The time and place of public display of the proposed national spatial plan and of its strategic environmental assessment report are announced in one newspaper of nation-wide circulation before commencement of the display. The announcement of public display is published on the website of the authority arranging creation of the plan.

(6) The notification mentioned in subsection 4 of this section must briefly introduce the substance of the national spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as state any major changes envisaged in comparison with the existing situation.

(7) During the time the proposed national spatial plan and its strategic environmental assessment report are on public display, everyone is to have access, during the office hours of the authority arranging creation of the plan, to any material and information that is related to the proposed plan and report and that the authority has at its disposal.

(8) Within 30 days following the end of the public display of the proposed national spatial plan and its strategic environmental assessment report, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time the proposed plan and report were on public display its reasoned position concerning those opinions together with the time and place of the public discussion of the proposed plan and report.

(9) Any person who presented a written opinion during the public display may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the national spatial plan in a form reproducible in writing.

§ 20. Public discussion of the results of public display of the proposed national spatial plan and of its strategic environmental assessment report

(1) A public discussion of the results of public display of the proposed national spatial plan and of its strategic environmental assessment report is held within 45 days following the end of the display.

(2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the proposed national spatial plan and its strategic environmental assessment report during the time these were on public display or if all written opinions have been followed.

(3) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified of a public discussion of the proposed national spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

(4) At the public discussion, the authority arranging creation of the national spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected during creation of the plan and responds to other questions regarding the plan and its strategic environmental assessment report.

(5) Any person who presented a written opinion during a public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the national spatial plan in a form reproducible in writing.

§ 21. Consideration of the results of public display and public discussion of the proposed national spatial plan and of its strategic environmental assessment report

(1) If written opinions are received during public display of the proposed national spatial plan and its strategic environmental assessment report, information concerning the results of public display is published in one newspaper of nation-wide circulation within 30 days following the date on which the public discussion was held.

(2) Based on the results of public display and public discussion, necessary modifications are made to the proposed national spatial plan and to its strategic environmental assessment report.

§ 22. Presenting the proposed national spatial plan and its strategic environmental assessment report for endorsement and for opinions

(1) The proposed national spatial plan and its strategic environmental assessment report are presented for endorsement to the persons and authorities mentioned in subsection 1 of § 15 of this Act; the persons and authorities mentioned in subsection 2 of § 15 of this Act are notified of the opportunity to present their opinion regarding the plan.

(2) If the authority or person to whom the proposed national spatial plan and its strategic environmental assessment report were presented for endorsement or who was invited to present an opinion regarding the proposed plan and report has not, within 30 days of receiving these, refused to endorse the proposed plan or report or presented an opinion or applied for extension of the time limit, the proposed plan and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion regarding the proposed plan and report is deemed to have declined to do so, unless otherwise provided by law.

(3) If the person or authority to whom the proposed national spatial plan and its strategic environmental assessment report were presented for endorsement does not indicate that the proposed plan or report is contrary to legislation, the proposed plan is deemed to have been endorsed. When deciding whether to endorse the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

(4) Based on the endorsements and opinions received, the necessary modifications are made to the proposed national spatial plan and its strategic environmental assessment report.

§ 23. Making the national spatial plan public

(1) When the results of the strategic environmental assessment report have been incorporated in the national spatial plan, the plan is made public on the website of the authority arranging its creation. The duration of the accessibility period must be at least 30 days. During the period, everyone has a right to present written opinions concerning the plan.

(2) Within 30 days following the end of the accessibility period mentioned in subsection 1 of this section, the authority arranging creation of the plan communicates to the persons who presented written opinions concerning the plan during the period the authority's reasons for taking their opinions into account or for declining to do so.

§ 24. Bringing the national spatial plan into effect

(1) The national spatial plan is brought into effect by order of the Government of the Republic.

(2) The persons and authorities mentioned in subsections 1 and 2 of § 15 of this Act are notified of the national spatial plan being brought into effect within 14 days following the bringing into effect of the plan.

(3) A notice concerning the bringing into effect of the national spatial plan is published within 30 days following the plan’s being brought into effect in at least one newspaper of nation-wide circulation and, within 14 days following its being brought into effect, in the Official Announcements as well as on the website of the Government of the Republic and of the authority that arranged creation of the plan.

(4) When giving notification of the bringing ito effect of the national spatial plan, a brief overview must be provided of the substance of the plan, including an overview of the spatial development objectives of the state and of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

(5) When bringing into effect a thematic spatial plan mentioned in subsection 2 of § 13, the authority that arranged creation of the plan files, with the database of spatial plans, the particulars mentioned in subsection 6 of §4¹ of this Act within 14 days following the bringing into effect of the plan.

§ 25. Obligation to review the national spatial plan

(1) The Ministry of Economic Affairs and Communications reviews the national spatial plan together with county-wide spatial plans at least once every five years and presents an overview of the findings of the review to the Government of the Republic within six months following its completion.

(2) A review of the national spatial plan must ascertain:

1) the results of developments based on the plan and the possibilities for further implementation of the plan;

2) the conformity of the plan to the aims of this Act;

3) any significant economic, social, cultural and environmental impact resulting from implementation of the plan and the conditions for reducing significant negative impacts;

4) the need to create a new spatial plan;

5) other significant issues related to implementation of the plan.

§ 26. Repealing the national spatial plan

In order to repeal the national spatial plan, a new national spatial plan must be created in accordance with the requirements established in this Act for the creation of national spatial plans.

§ 27. National designated spatial plan and the authority to arrange its creation

(1) The purpose of a national designated spatial plan is to erect a construction work which has a significant spatial impact and whose chosen location or whose functioning elicits significant national or international interest. A national designated spatial plan is created, above all, to express interests which transcend the boundaries of individual counties in the fields of national defence and security, energy supply, the transport of gas, waste management or for the expression of such interests in public water bodies and in the exclusive economic zone.

(2) A national designated spatial plan must be created for the territory of Estonia or a part thereof in order to construct a national road, a public railway, a pipeline whose working pressure exceeds 16 bar (including gas pipelines), an international airport, an international harbour, a construction work serving national defence purposes or a construction work of a security authority, a power station whose nominal electricity generation capacity equals or exceeds 150 megawatts or a wind power station whose nominal electricity generation capacity equals or exceeds 400 megawatts, an overhead electrical power line whose voltage equals or exceeds 110 kilovolts or a hazardous waste disposal site as well as any construction works required for the functioning of such installations, provided the construction work in question fulfils the conditions set out in subsection 1 of this section.

(3) Where the Government of the Republic makes the corresponding reasoned decision, a national designated spatial plan is created in order to erect a construction work that is not mentioned in subsection 2 of this section but meets the criteria set out in subsection 1 of this section.

(4) Creation of a national designated spatial plan concerning a sea area is mandatory in order to build a construction work mentioned in subsections 2 and 3 of this section provided that no thematic spatial plan has been brought into effect that deals with the location of such a construction work in the sea area covered by the plan and provided that no such thematic plan is currently being created.

(5) On the basis of a national designated spatial plan, restrictions may be imposed on immovable property.

(6) Strategic environmental assessment is mandatory when creating a national designated spatial plan.

(7) The authority to arrange creation of national designated spatial plans is the Ministry of Economic Affairs and Communications. The Government of the Republic may decide, where this is needed, that the authority to arrange the creation of a national designated spatial plan concerning matters of national defence and security is the authority of the executive branch in charge of the policy sector.

(9) The procedure for creating a national designated spatial plan consists of pre-selecting a location for the construction work – with the purpose of finding the most suitable location for that construction work – and of the proceedings to create the corresponding detailed solution.

(10) A national designated spatial plan constitutes the basis for creating the corresponding building design documentation – except where the plan has been brought into effect based on pre-selection of location.

(11) During the process of creating a national designated spatial plan, the plan is made public on the website of the authority arranging creation of the plan together with its significant annexes, above all surveys, endorsements, opinions and other up-to-date information.

§ 27¹. Bringing a national designated spatial plan into effect based on pre-selection of location

(1) When creating a national designated spatial plan, preparation of a detailed solution may be dispensed with and the plan may be brought into effect based on pre-selection of location, provided no factors are present that would exclude further specification of the construction work by design specifications and provided the pre-selection states the conditions based on which such specifications may be issued.

(2) When creating a national designated spatial plan that extends to an offshore area, preparation of a detailed solution may be dispensed with and the plan may be brought into effect based on pre-selection of location, provided the construction work that is being envisaged has no permanent connection to the shore and provided no factors are present that would exclude further specification of the construction work by the superficies licence and provided the pre-selection states the conditions based on which such a licence may be issued.

(2¹) When dispensing with the preparation of a detailed solution in situations provided for by subsections 1 and 2 of this section, the land use and building conditions are determined and other relevant tasks mentioned in subsection 1 of § 126 of this Act are completed at the stage of pre-selecting the location for the national designated spatial plan. Relevance is assessed based on the purpose of the plan and the nature of the construction work it envisages.

(3) When dispensing with the preparation of a detailed solution in situations provided for by subsections 1 and 2 of this section, the bringing into effect – and contestation – of the spatial plan based on the pre-selection of location is subject to the provisions of subsections 1–4¹ and 6–8 of § 53 and of § 54 of this Act. The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of the bringing of the plan into effect within 14 days. Notification is made also to owners of items of immovable property whose property, or parts of whose property, needs to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession in order to implement the plan.

(4) A national designated spatial plan that is brought into effect based on pre-selection of location constitutes the basis for issuing design specifications.

(5) A national designated spatial plan that extends to an offshore area and envisages a construction work that does not have a permanent connection to the shore, and that is brought into effect based on pre-selection of location constitutes the basis for issuing a superficies licence.

§ 28. Initiating the creation of a national designated spatial plan and its strategic environmental assessment

(1) Creation of a national designated spatial plan and its strategic environmental assessment is initiated by the Government of the Republic at the proposal of the authority to arrange creation of the plan or of the authority of the executive branch in charge of the policy sector mentioned in subsection 7 of § 27 of this Act.

(2) Initiating the creation of a national designated spatial plan and its strategic environmental assessment is forgone above all where:

1) it is manifest that future implementation of the envisaged plan is impossible;

1¹) this may entail a threat to national security;

2) this is dictated by other reasons based on overriding public interest or

3) no funds are available in the budget of the authority arranging creation of the plan to bear the costs attaching to creation of the plan, to commissioning creation of the plan and to the assessment of its impact, and the party interested in creation of the plan does not bear such costs.

(3) The decision on initiating or refusing to initiate creation of a national designated spatial plan and its strategic environmental assessment is taken within 90 days following reception of the application that seeks to initiate the creation of the plan and that meets the requirements.

(3¹) Where an additional application for the same area is filed under subsection 4 of this section with the authority that is to arrange creation of a national designated spatial plan, the decision to initiate, or not to initiate, the creation of the plan and the strategic environmental assessment is made within 90 days following reception of the last additional application that meets the requirements.

(3²) Where, in relation to an application to initiate the creation of a national designated spatial plan to construct a wind power plant in an offshore area, a competitive tender is held in accordance with § 28¹ of this Act, the decision to initiate, or not to initiate, the creation of the plan and the strategic environmental assessment is made within 90 days following presentation, to the authority that is to arrange creation of the plan, of the results of the tender.

(4) On receiving an application to initiate the creation of a national designated spatial plan, the authority to arrange creation of the plan informs the public of the content of the application and, where several persons may be presumed to hold an interest in the opening of proceedings concerning the application, of the opportunity to file an equivalent application. The announcement is published in one newspaper of nation-wide circulation and, in the Official Announcements, as well as on the website of the Government of the Republic and of the authority arranging creation of the plan. Additional applications may be filed within 30 days following the publication of the announcement.

(4¹) Where the application to initiate the creation of a national designated spatial plan is filed by the state, the requirement to publish the announcement and the right to file an additional application, which are mentioned in subsection 4 of this section, do not apply.

(5) The decision to initiate the creation of a national designated spatial plan and its strategic environmental assessment states:

1) the location and size of the planning area, including its boundaries, as envisaged at the initiation;

2) the purpose of creation of the plan;

3) the purpose of use of the envisaged construction work and the description of the related activity;

4) the time when and place where members of the public can acquaint themselves with the initiation decision.

(6) Initiation of the creation of a national designated spatial plan and of its strategic environmental assessment is announced within 30 days following the initiation in a newspaper of nation-wide circulation and, within 14 days following initiation, in the Official Announcements as well as on the website of the Government of the Republic and of the authority arranging creation of the plan. The announcement states the particulars mentioned in subsection 5 of this section.

(7) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified in writing of initiation of the creation of a national designated spatial plan and of its strategic environmental assessment within 30 days following such initiation.

§ 28¹. Holding a competitive tender based on the application to initiate the creation of a national designated spatial plan to construct a wind power plant in an offshore area

(1) Where several applications have been filed to initiate the creation of a national designated spatial plan to construct a wind power plant in the same offshore area, the authority to arrange the creation of the plan presents these to the Consumer Protection and Technical Regulatory Authority (hereinafter, ‘the competent authority’) within 60 days following reception of the application that meets the requirements and that was the last to be filed, to hold a competitive tender on an auction basis (hereinafter, ‘competitive tender’).

(2) The competent authority holds a competitive tender between the applicants within 60 days following reception, from the authority to arrange the creation of the national designated spatial plan, of the applications mentioned in subsection 1 of this section.

(3) When it announces the competitive tender, the competent authority determines:

1) the starting price of the auction to be 7,500 euros per square kilometre;

2) the amount of the deposit, which is two per cent of the starting price of the auction.

(4) Within 14 days following validation of the results of the competitive tender, the competent authority presents the results of the tender in writing to the authority that is to arrange the creation of the national designated spatial plan.

(5) The minister in charge of the policy sector enacts, by means of a regulation, the rules and requirements for initiating and conducting competitive tenders based on applications to initiate the creation of a national designated spatial plan to construct a wind power plant in an offshore area.

§ 29. Discontinuing the creation of a national designated spatial plan and of its strategic environmental assessment

(1) The authority arranging creation of a national designated spatial plan may discontinue creation of the plan and the plan’s strategic environmental assessment above all in cases where,

1) in the course of creating the plan, circumstances are revealed that render future implementation of the plan impossible;

1¹) this may entail a threat to national security;

2) the purpose of creation of the plan is substantially modified in the course of the process or

3) no funds are available in the authority’s budget to cover the costs related to creating the plan, to commissioning its creation and to assessing its impacts, and the party interested in creating the plan does not bear such costs.

(2) Announcement and notification of discontinuation the creation of a national designated spatial plan and its strategic environmental assessment and of the reasons for the discontinuation is made following the requirements established in subsections 6 and 7 of § 28 of this Act concerning announcement and notification of initiation of creation of such a plan and of its strategic environmental assessment. The announcement of discontinuing the creation of the national designated spatial plan and its strategic environmental assessment and of the reasons for the discontinuation is also made public on the website of the authority that arranged creation of the plan within 14 days following the discontinuation.

§ 30. Pre-selecting a location when creating a national designated spatial plan

(1) Following initiation of creation of a national designated spatial plan and of its strategic environmental assessment, a suitable location is pre-selected for the construction work envisaged by the plan, which then forms the basis for creating the detailed solution for the plan.

(1¹) Where the preparation of a detailed solution is dispensed with and the national designated spatial plan is brought into effect based on pre-selection of location, the requirements that apply are those established for pre-selection of location for national designated spatial plans, with the exception of the requirements provided by § 41 of this Act.

(2) When pre-selecting a location for a national designated spatial plan, several alternative options must be considered. If several equivalent applications have been received to create such a plan, the possible locations set out in the applications must also be considered when conducting the pre-selection.

§ 31. Cooperation and invitation to participate in pre-selecting a location for a national designated spatial plan

(1) Pre-selection of location for a national designated spatial plan is carried out in cooperation with the Ministries and other authorities of the executive branch in whose area of government the issues addressed by the plan fall.

(2) The Riigikogu, the municipalities within the planning area of the national designated spatial plan and any persons whose rights the plan may affect, as well as any persons who have expressed an interest in being invited to participate in pre-selecting a location for, and any persons or authorities who may have a legitimate interest in the implementation, of the plan or in the significant environmental impact that may be presumed to result from the plan’s implementation, including, through an organisation that unites them, environmental non-governmental organisations – are invited to participate in pre-selecting a location for the plan.

(3) Any person whose interests the national designated spatial plan may affect may be invited to participate in pre-selecting a location for the plan. If the authority arranging creation of the plan invites a person mentioned in this subsection to participate in the pre-selection, the provisions established in respect of persons and authorities mentioned in subsection 2 of this section also apply to that person.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the national designated spatial plan the method for communicating to them any notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(5) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.

(6) During the process of pre-selecting a location for the national designated spatial plan, the plan – together with its material annexes, which primarily include any investigations, endorsements, opinions and other up-to-date information – is made public through the website of the authority arranging its creation.

§ 31¹. Invitation to present proposals concerning initial positions for pre-selecting a location for the national designated spatial plan and concerning the strategic environ mental assessment programme for the plan

(1) The authority arranging creation of the national designated spatial plan presents the initial positions for the plan and its strategic environmental assessment programme to the persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act, inviting those persons and authorities to make proposals concerning the positions and the programme, and sets a time limit for the proposals that may not be shorter than 30 days.

(2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act make proposals concerning the initial positions for the national designated spatial plan and its strategic environmental assessment programme, and state their assessment concerning the relevance and adequacy of the programme.

(3) If, during the time limit that was set, the person or authority mentioned in subsections 1 and 2 of § 31 of this Act has not made their proposals, they are deemed to have declined to make proposals concerning the national designated spatial plan and its strategic environmental assessment programme.

(4) The authority arranging creation of the national designated spatial plan reviews the proposals that have been made and, based on these, makes the necessary modifications to the initial positions for the plan and to its strategic environmental assessment programme.

(5) The initial positions for the national designated spatial plan and the plan’s strategic environmental assessment programme together with the proposals made by the persons and authorities mentioned in subsection 1 and 2 of § 31 of this Act are published on the website of the authority arranging creation of the plan.

§ 36. Report concerning the first stage of strategic environmental assessment of the national designated spatial plan

(1) In the course of pre-selecting a location for the national designated spatial plan, the authority arranging creation of the plan draws up a report concerning the first stage of the plan’s strategic environmental assessment.

(2) The report concerning the first stage of strategic environmental assessment must contain the information mentioned in subsections 4 and 4² of § 40 of the Environmental Impact Assessment and Environmental Management System Act.

§ 37. Presenting the proposed decision on pre-selecting a location for the national designated spatial plan and the report concerning the first stage of strategic environmental assessment for endorsement and for opinions

(1) The proposed decision on pre-selecting a location for the national designated spatial plan together with the report concerning the first stage of strategic environmental assessment is presented for endorsement to the persons and authorities mentioned in subsection 1 of § 31 of this Act; the persons and authorities mentioned in subsection 2 of § 31 of this Act are notified of the opportunity to present their opinion regarding the proposed decision and the report.

(2) If the authority or person to whom the proposed decision on pre-selecting a location for the national designated spatial plan and the report concerning the first stage of strategic environmental assessment was presented for endorsement, or who was invited to present an opinion regarding the proposed decision and report, has not, within 30 days of receiving the proposed decision and report, refused to endorse these or presented an opinion or applied for extension of the time limit, the proposed decision and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

(3) Based on the endorsements and opinions received, the necessary modifications are made to the decision on pre-selecting a location for the national designated spatial plan and the report concerning the first stage of strategic environmental assessment.

§ 38. Public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

(1) The authority arranging creation of the national designated spatial plan arranges public display of the proposed decision on pre-selecting a location for the plan and on the report concerning the first stage of strategic environmental assessment. The public display is held at least in a suitable municipality situated in the planning area. Where the planning exercise concerns a public water body and the exclusive economic zone, the public display is held at least at the authority of the executive branch that arranges creation of the plan.

(2) During the time of public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment, everyone has a right to present opinions concerning the decision and the report.

(3) The duration of public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment is at least 30 days.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment before commencement of public display. The notification states the time and place of public display of the proposed decision and of the report and the particulars required under subsection 6 of this section.

(5) The time and place of public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment are announced 14 days before commencement of display in a newspaper of nation-wide circulation, in the newspaper of the municipality situated in the planning area or, in the case of urban municipalities divided into districts, in the district newspaper. Where the municipality has no municipal newspaper or where announcement before commencement of the display is not possible because of the publication schedule of the newspaper, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement of the display and discussion of the proposed decision and report is published on the website of the authority arranging creation of the plan.

(6) The announcement mentioned in subsection 5 of this section must:

1) state the purpose of creation of the national designated spatial plan;

2) disclose the location of the planning area, including the boundaries and size of any alternative planning areas, and the size of the planning area;

3) state the purpose of use of the envisaged construction work and describe the related activity and the significant environmental impact likely to be produced.

(7) During the time the proposed decision on pre-selecting a location for the national designated spatial plan and the report concerning the first stage of strategic environmental assessment are on public display, everyone is to have access, during the office hours of the authority arranging creation of the national designated spatial plan, to any material and information that is related to the decision and the report.

(8) Within 30 days following the end of public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 39. Public discussion of the results of public display of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

(1) A public discussion of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment is held within 45 days following the end of the public display. The public discussion is held at least in a suitable municipality situated in the planning area. Where the planning exercise concerns public water bodies and the exclusive economic zone, the public discussion is held at least at the authority of the executive branch that arranges creation of the plan.

(2) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of the public discussion of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

(3) At the public discussion, the authority arranging creation of the national designated spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the course of drawing up the proposed decision on pre-selecting a location for the plan, for the activities and objectives related to the envisaged construction work, and responds to other questions regarding the proposed decision and the report.

(4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the national designated spatial plan in a form reproducible in writing.

§ 40. Consideration of the results of public display and public discussion of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment

(1) Information concerning the results of public display and public discussion of the proposed decision on pre-selecting a location for the national designated spatial plan and of the report concerning the first stage of strategic environmental assessment is published in one newspaper of nation-wide circulation, in the municipal newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where the publishing of information at least 30 days before the public discussion is not possible because of the publication schedule of the newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed decision on pre-selecting a location for the national designated spatial plan and the report concerning the first stage of strategic environmental assessment.

(3) If the modifications made based on the results of public display and public discussions alter the principal solution on pre-selecting a location for the national designated spatial plan or necessitate significant changes in the report concerning the first stage of its strategic environmental assessment, the proposed decision and report are presented anew for endorsement to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew following the requirements established in this Act in respect of arranging the public display and public discussion of the proposed decision and report.

§ 41. Approving the decision on pre-selecting a location for the national designated spatial plan and the report concerning the first stage of strategic environmental assessment

(1) Once the modifications that are required under subsection 2 of § 40 of this Act have been made to the proposed decision on pre-selecting a location for the national designated spatial plan and to the report concerning the first stage of strategic environmental assessment, the Government of the Republic adopts a decision by which it approves the pre-selection and the report.

(2) By adopting the decision on pre-selecting a location, the Government of the Republic certifies that the selected location is the most suitable for building the construction work envisaged in the national designated spatial plan and that the location of the construction work, the general conditions of its building, pre-selection of its location, the decision on the pre-selection and the report concerning the first stage of strategic environmental assessment are in conformity with the relevant legislation and that the information contained in the report is sufficient for making a choice between the different locations under consideration.

(3) Having regard to § 42 of this Act, the decision to approve the pre-selection of a location may include a temporary ban on planning and building work in the planning area or a part thereof.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 31 of this Act are notified of adoption of the decision on pre-selecting a location within 30 days following the adoption. Within 14 days following adoption, a note concerning adoption of the decision is published in the Official Announcements and on the website of the authority arranging creation of the national designated spatial plan.

§ 42. Imposing a temporary ban on planning and building work when creating the detailed solution for the national designated spatial plan

(1) The authority arranging creation of the national designated spatial plan may impose, for the duration of creating the detailed solution for the plan, a ban on planning and building work in the planning area or a part thereof if the detailed solution envisages alterations in the building rights originally granted in that area.

(2) During the period of the temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:

1) the bringing into effect of comprehensive spatial plans or detailed spatial plans;

2) the issuing of building permits for the building of construction works;

3) the issuing of design specifications;

4) changing the existing intended purpose of the cadastral unit.

(3) The temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

(4) The temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the filing of a building notice or the existence of a building permit is not required.

(5) The authority arranging creation of the national designated spatial plan notifies, by way of registered letter, the owner of any immovable property regarding which a temporary ban on planning and building work is to be imposed, the municipality in whose administrative territory such property is situated and, where necessary, any persons who may be affected by the ban, of its intention to impose the ban and of the reasons for its imposition at least 14 days before imposing the ban.

(6) The authority arranging creation of the national designated spatial plan imposes the temporary ban on planning and building work by an administrative decree and, within seven days following the imposition of the ban, notifies this by way of registered letter to the owner of any immovable property subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 43. Tasks to be fulfilled by the detailed solution for the national designated spatial plan

(1) Following adoption of the decision on pre-selecting a location, the detailed solution is created for the national designated spatial plan which determines the building rights of the envisaged construction work and disposes of any other relevant tasks mentioned in subsection 1 of § 126 of this Act. In assessing the relevance of the tasks, the purpose of the plan and the specific character of the envisaged construction work are taken into account.

(2) Where, during creation of the detailed solution for the national designated spatial plan, it becomes known that the plan may entail the need to subject an immovable property or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging creation of the plan notifies this, by way of registered letter, to the owner of the property within seven days following the date on which the need to subject the property to acquisition in the public interest or to compulsory possession became known.

§ 44. Cooperation and invitation to participate in creating the detailed solution for the national designated spatial plan

(1) Creating the detailed solution for the national designated spatial plan is carried out in cooperation with authorities of the executive branch in whose area of government the issues addressed by such a solution fall.

(2) The municipality or municipalities in whose territory the envisaged construction work is to be built, any persons whose rights the national designated spatial plan may affect, as well as any persons who have expressed an interest in being invited to participate in creating the detailed solution, and any persons or authorities who may have a legitimate interest in the implementation of the plan or in the significant environmental impact that may be presumed to result from such implementation, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are invited to participate in creating the detailed solution for the plan.

(3) Any person whose interests the national designated spatial plan may affect may be invited to participate in creating the detailed solution for the plan. If the authority arranging creation of the plan invites a person mentioned in this subsection to participate in the creation of the detailed solution, the provisions established in respect of the persons and authorities mentioned in subsection 2 of this section also apply to that person.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the national designated spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(4¹) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.

(5) During the process of creating the detailed solution for the national spatial plan, the solution is made public on the website of the authority arranging creation of the plan together with its significant annexes, above all surveys, endorsements, opinions and any other up-to-date information.

(6) The authority arranging creation of the national designated spatial plan may, before the public display of the plan but not later than within 60 days of receiving written opinions presented in the course of creation of the plan, issue a collective reply to the opinions.

§ 48. Presenting the proposed detailed solution for the national designated spatial plan and the plan’s strategic environmental assessment report for endorsement and for opinions

(1) Once the results of the report of strategic environmental assessment have been incorporated into the national designated spatial plan, the proposed detailed solution for the plan and its strategic environmental assessment report is presented for endorsement to the authorities mentioned in subsection 1 of § 44 of this Act; the persons and authorities mentioned in subsection 2 of § 44 of this Act are notified of the opportunity to present their opinion regarding the proposed solution and report.

(2) If the authority or person to whom the proposed detailed solution of the national designated spatial plan and its strategic environmental assessment report was presented for endorsement, or who was invited to present an opinion regarding the proposed solution and report, has not, within 30 days of receiving the same, refused to endorse these or presented an opinion or applied for extension of the time limit, the proposed solution and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

(3) If the person or authority to whom the proposed detailed solution for the national designated spatial plan and its strategic environmental assessment report were presented for endorsement does not indicate that the solution or the report is contrary to legislation or to a national spatial plan, the solution is deemed to have been endorsed. When deciding whether to endorse the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 50. Public display of the national designated spatial plan

(1) Once the proposed detailed solution of the national designated spatial plan and its strategic environmental assessment report has been approved and, based on the opinions received, the necessary amendments have been made, the authority arranging creation of the plan arranges a public display of the proposed solution and report. The display is held at least in a suitable municipality situated in the planning area. Where the planning exercise concerns an public water body and the exclusive economic zone, the display is held at least at the authority of the executive branch that arranges creation of the plan.

(2) During the time of public display of the national designated spatial plan, everyone has a right to present opinions concerning the plan.

(3) The national designated spatial plan to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons of the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any endorsements and opinions received in accordance with subsection 1 of § 48 of this Act regarding the plan are also made public.

(4) The duration of public display of the national designated spatial plan is at least 30 days.

(5) The persons and authorities mentioned in subsections 1 and 2 of § 44 of this Act are notified of the public display of the national designated spatial plan before commencement of the public display. The notification states the time and place of the display and the particulars required under subsection 7 of this section.

(6) The time and place of public display of the national designated spatial plan are announced in one newspaper of nation-wide circulation, in the newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district and in Official Announcements before commencement of the public display. Where the municipality has no municipal newspaper or where announcement before commencement of the display is not possible because of the publication schedule of the newspaper, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement concerning the display is published on the website of the authority arranging creation of the plan.

(7) The announcement mentioned in subsection 5 of this section must:

1) disclose the location, including the boundaries, and size of the planning area;

2) briefly introduce the substance of the national designated spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in creation of the plan;

3) state any major changes envisaged in comparison with the existing situation.

(8) During the time the national designated spatial plan is on public display, everyone is to have access, during the office hours of the authority arranging creation of the plan, to any material and information that is related to the plan and that the authority has at its disposal.

(9) In the case of a repeat public display mentioned in subsection 3 of § 52 of this Act, opinions may be presented only with regard to the modifications that have been made in the national designated spatial plan to alter its principal solution after the previous public display.

(10) Within 30 days following the end of public display of the national designated spatial plan, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time of the display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 51. Public discussion of the results of public display of the national designated spatial plan

(1) The authority arranging creation of the national designated spatial plan arranges a public discussion of the results of public display of the plan within 45 days following the end of the display. The public discussion is held at least in a suitable municipality situated in the planning area. Where the planning exercise concerns a public water body and the exclusive economic zone, the discussion is held at least at the authority of the executive branch that arranges creation of the plan.

(2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the national designated spatial plan during the time it was on public display or if all written opinions have been followed.

(3) The persons and authorities mentioned in subsections 1 and 2 of § 44 of this Act are notified of a public discussion of a national designated spatial plan at least 14 days before the commencement of such a discussion. The notification states the time and place of the discussion.

(4) At the public discussion, the authority arranging creation of the national designated spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in creation of the plan, and responds to any other questions regarding it.

(5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the national designated spatial plan in a form reproducible in writing.

§ 52. Consideration of the results of public display and public discussion of the national designated spatial plan

(1) If written opinions were presented during the public display of the national designated spatial plan, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of the newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the national designated spatial plan.

(3) If the modifications made based on the results of public display and public discussion alter the principal solution of the national designated spatial plan or necessitate significant changes in the strategic environmental assessment report, the plan and the report are presented for endorsement anew to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of a national designated spatial plan and of its strategic environmental assessment report.

§ 53. Bringing the national designated spatial plan into effect

(1) The national designated spatial plan is brought into effect by order of the Government of the Republic.

(2) The bringing into effect of the national designated spatial plan suspends, for the planning area, any previous spatial plan or part thereof that had been brought into effect for that area. In the area covered by the spatial plan whose effect has been suspended, the national designated spatial plan replaces the former and the corresponding modifications are made in the relevant spatial plans within 60 days following the bringing into effect of the national designated spatial plan. When incorporating the modifications into the plans, a reference to the fact that the corresponding land area is subject to a designated spatial plan must be included in the previous spatial plan or, where this is technically possible, the modifications envisaged in the designated spatial plan must be recorded on the map of the previous plan and in its explanatory memorandum.

(3) The effect of the national designated spatial plan expires if its implementation has not commenced within five years following the plan’s bringing into effect.

(4) In order to bring a national designated spatial plan into conformity with legislation that has been amended or passed after the bringing into effect of the plan or with a court judgment that has entered into effect after the bringing into effect of the plan, the authority that arranged creation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the bringing into effect of national designated spatial plans.

(4¹) When incorporating amendments into a national designated spatial plan under subsection 4 of this section, the authority that arranged creation of the plan files the amended particulars mentioned in subsection 6 of §4¹ of this Act with the database of spatial plans within 14 days following incorporation of the amendments.

(5) The persons and authorities mentioned in subsections 1 and 2 of § 31 and in subsections 1 and 2 of 44 of this Act are notified of the bringing into effect of the national designated spatial plan within 14 days following the bringing of the plan into effect. Notification is also made to the owners of any immovable property that, in order for the plan to be implemented, needs to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession.

(6) A notice concerning the bringing into effect of the national designated spatial plan is published within 30 days following the bringing of the plan into effect in at least one newspaper of nation-wide circulation and in the municipal newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district and, within 14 days following the bringing of the plan into effect, in the Official Announcements, as well as on the website of the authority that arranged creation of the plan. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and is also published within 30 days following the bringing into effect of the plan in the county newspaper. Where the municipality has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following the bringing into effect of the plan.

(7) When giving notification of the bringing into effect of the national designated spatial plan, a brief overview must be provided of the substance of the plan, including an overview of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

(8) The authority that arranged creation of the national designated spatial plan files the particulars mentioned in subsection 6 of § 4¹ of this Act in respect of the plan that was brought into effect with the database of spatial plans within 14 days following the bringing into effect of the plan.

§ 54. Contesting the national designated spatial plan

Anyone who finds that the decision by which the national designated spatial plan was brought into effect is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the bringing into effect of the plan.

§ 55. County-wide spatial plan and the authority to arrange its creation

(1) The purpose of a county-wide spatial plan is to define the principles and directions of spatial development of the entire county or a part thereof, or of another region. The county-wide spatial plan is created primarily in order to express interests that transcend the boundaries of individual municipalities, and in order to balance national and local needs and interests regarding spatial development.

(1¹) A county-wide spatial plan may be created concerning a tract of land as well as concerning public water bodies with the exception of internal waters and the territorial sea.

(2) County-wide spatial plans are the basis for the creation of comprehensive spatial plans.

(3) Strategic environmental assessment is mandatory when creating a county-wide spatial plan. When creating a thematic county-wide spatial plan, a preliminary assessment must be made and the conducting of strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the Environmental Impact Assessment and Environmental Management System Act and the positions of the authorities relevant under subsection 6 of that section.

(4) The authority to arrange creation of county-wide spatial plans is the Ministry of Economic Affairs and Communications.

§ 56. Functions of a county-wide spatial plan

(1) The functions of a county-wide spatial plan are:

1) to define balanced and sustainable settlement with respect to the planning area, including the statement of conditions significant for the functioning of the network of centres and for influencing the distribution of communities, and to determine the principles for the planning of centres;

2) to determine the potential locations of transport networks and other infrastructure, including national roads, public railways, waterways, aerodromes and harbours;

3) to determine the potential locations of waste treatment sites of regional importance, including landfills;

4) to define general principles for the use of public water bodies;

5) to state the conditions of use of mineral deposits and of areas affected by mining;

6) to state the general conditions of use for the preservation of cultural heritage;

7) to state the general conditions of use for the preservation of valuable agricultural land, landscapes and natural biotic communities;

8) to define important leisure and recreation areas and to state the general conditions of use for such areas;

9) to state the general conditions of use for ensuring the functioning of the green network;

10) to define the location of areas serving national defence purposes and of areas impacted by such areas and to state the general conditions of use for such areas;

11) to formulate directions for the creation of comprehensive spatial plans;

12) to fulfil other functions that emanate from a national spatial plan or that are related to the themes mentioned in this subsection.

(2) The functions to be fulfilled by the county-wide spatial plan are decided on in accordance with the county’s spatial needs and the purpose of the spatial plan.

§ 57. Cooperation and invitation to participate in creating a county-wide spatial plan

(1) A county-wide spatial plan is created in cooperation with the Ministries, the municipalities situated within the planning area and the authorities of the executive branch in whose area of government the questions dealt with by the plan fall.

(2) Members of the public who have expressed an interest to be invited to participate in creating the county-wide spatial plan, as well as any persons and authorities who may have a legitimate interest in the significant environmental impact that may be presumed to result from implementation of the plan, or in the directions of spatial development in the planning area, including, through an organisation that unites them, environmental non-governmental organisations, are invited to participate in creation of the plan.

(3) Any person whose interests may be affected by the county-wide spatial plan may be invited to participate in creation of the plan. Should the authority arranging creation of the plan extend an invitation to participate to such a person, the provisions applicable to that person are those that apply to the persons and authorities mentioned in subsection 2 of this section.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the county-wide spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(5) During the process of creating the county-wide spatial plan, the plan is made public through the website of the authority arranging creation of the plan together with its material annexes, which primarily include any surveys, endorsements, opinions and any other up-to-date information.

(6) The authority arranging creation of the county-wide spatial plan may, before the public display of the plan but not later than within 60 days of receiving written opinions presented in the course of creation of the plan, issue a collective reply to the opinions.

§ 58. Initiating the county-wide spatial plan and its strategic environmental assessment

(1) The creation of a county-wide spatial plan and its strategic environmental assessment is initiated by the Government of the Republic.

(2) Initiation of creating a county-wide spatial plan and its strategic environmental assessment is forgone above all where:

1) it is manifest that future implementation of the envisaged plan is impossible;

2) this is dictated by other reasons based on overriding public interest.

(3) The decision on initiating or refusing to initiate creation of the county-wide spatial plan and its strategic environmental assessment is taken within 30 days following receiving the application to initiate creation of the plan.

(4) The decision to initiate creation of the county-wide spatial plan and its strategic environmental assessment states:

1) the purpose of creation of the plan;

2) the location and size of the planning area, including its boundaries;

3) the time when and place where persons can acquaint themselves with the initiation decision.

(5) Initiating the creation of the county-wide spatial plan and of its strategic environmental assessment is announced within 30 days following the initiation in the county newspaper or in a newspaper of nation-wide circulation, and in the municipal newspaper of the municipalities situated in the planning area. Where announcement within 30 days is not possible because of the publication schedule of the newspaper, the announcement is published in the newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following the initiation. If the municipality has no municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following the initiation.

(6) The notice concerning initiating the creation of the county-wide spatial plan and of its strategic environmental assessment is published in the Official Announcements and on the website of the authority arranging creation of the plan within 14 days following the initiation. The notice must include the particulars mentioned in subsection 4 of this section.

(7) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of initiation of creation of the county-wide spatial plan and of its strategic environmental assessment within 30 days following the initiation.

(8) A decision not to initiate strategic environmental assessment of a thematic county-wide spatial plan, and the reasons for such a decision, are notified following the requirements established in subsections 5–7 of this section.

§ 59. Discontinuing the creation of the county-wide spatial plan and of its strategic environmental assessment

(1) The authority arranging creation of the county-wide spatial plan may discontinue creation of the plan and its strategic environmental assessment above all in cases where, in the process of creating the plan, circumstances are revealed that render future implementation of the plan impossible, or where the purpose of creation of the plan is substantially modified in the process.

(2) Announcement and notification of discontinuation of the creation of the county-wide spatial plan and of its strategic environmental assessment, as well as of the reasons for the discontinuation, is made following the requirements prescribed by subsections 5 and 7 of § 58 of this Act concerning announcement and notification of initiating the creation of county-wide spatial plans and of their strategic environmental assessment. The announcement of discontinuing the creation of the county-wide spatial plan and of its strategic environmental assessment, as well as of the reasons for the discontination is also disseminated on the website of the authority arranging creation of the plan within 14 days following the discontinuation.

§ 61. Invitation to present proposals regarding initial positions for the county-wide spatial plan and the strategic environmental assessment programme for such a plan

(1) The authority arranging creation of the county-wide spatial plan transmits the initial positions for the plan and the strategic environmental assessment programme for the plan to the persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act, inviting those persons and authorities to present proposals in regard to these documents and sets a time limit that may not be shorter than 30 days for the presentation of the proposals.

(2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act present their proposals regarding the initial positions for the county-wide spatial plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of that programme.

(4) If a person or authority mentioned in subsections 1 and 2 of § 57 of this Act has not presented a proposal within the set time limit, the person or authority is deemed to have declined to present proposals regarding the initial positions for the county-wide spatial plan and its strategic environmental assessment programme.

(5) The authority arranging creation of the county-wide spatial plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions for the plan and in its strategic environmental assessment programme.

(6) The initial positions for the county-wide spatial plan and its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act, are made public on the website of the authority arranging creation of the plan.

§ 62. Public display of the proposed county-wide spatial plan and of its strategic environmental assessment report

(1) The authority arranging creation of the county-wide spatial plan arranges public display of the plan and its strategic environmental assessment report. The display is held at least in the major population centre of the county in whose territory the planning area is located. Where the plan deals with a part of the county’s territory, the display is held at least in a suitable venue within the planning area.

(2) During the time of public display of the proposed county-wide spatial plan and proposed strategic environmental assessment report, everyone has a right to present opinions concerning the proposed plan and report.

(3) The duration of public display of the proposed county-wide spatial plan and proposed strategic environmental assessment report is at least 30 days.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of public display of the county-wide spatial plan and its strategic environmental assessment report before commencement of the display. The notification states the time and place of the display and the particulars required under subsection 6 of this section.

(5) The time and place of public display of the county-wide spatial plan and its strategic environmental assessment report are announced in the county newspaper or in one newspaper of nation-wide circulation and in the newspaper of the municipality in whose territory the planning area is situated before commencement of the display. Where the municipality has no municipal newspaper or where announcement in the municipal newspaper before commencement of the display is not possible because of the newspaper’s publication schedule, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement concerning the public display and discussion of the county-wide spatial plan and its strategic environmental assessment report is published on the website of the authority arranging creation of the plan.

(6) The announcement mentioned in subsection 5 of this section must:

1) disclose the location and size, including the boundaries, of the planning area of the thematic spatial plan and of any spatial plan created regarding any part of the county;

2) briefly introduce the substance of the county-wide spatial plan, including stating any significant environmental impact that may presumably result from implementation of the plan as well as the major changes envisaged in comparison with the existing situation.

(7) During the time the proposed county-wide spatial plan and its strategic environmental assessment report are on public display, everyone is to have access, at the major population centre of the planning area, during the office hours of the authority arranging creation of the plan, to any material and information which is related to the proposed plan and report and which the authority arranging creation of the plan has at its disposal.

(8) Within 30 days following the end of the public display of the proposed county-wide spatial plan and of its strategic environmental assessment report, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time the proposed plan and report were on public display its reasoned position concerning those opinions together with the time and place of the public discussion of the proposed plan and report.

§ 63. Public discussion of the results of public display of the proposed county-wide spatial plan and of its strategic environmental assessment report

(1) A public discussion of the results of public display of the proposed county-wide spatial plan and strategic environmental assessment report is held within 45 days following the end of the display. The discussion is held at least in the major population centre of the county in whose territory the planning area is situated. Where the plan deals with a part of the county’s territory, the discussion is held at least in a suitable venue within the planning area.

(2) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the public discussion of the proposed county-wide spatial plan and of its strategic environmental assessment report at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

(3) At the public discussion, the authority arranging creation of the county-wide spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in the process of creating the county-wide spatial plan and responds to other questions regarding the proposed plan and its strategic environmental assessment report.

(4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the county-wide spatial plan in a form reproducible in writing.

§ 64. Consideration of the results of public display and public discussion of the proposed county-wide spatial plan and of its strategic environmental assessment report

(1) If written opinions are received during the public display of the proposed county-wide spatial plan and of its strategic environmental assessment report, information concerning the results of public display is published in the county newspaper or in one newspaper of nation-wide circulation and in the municipal newspaper of each municipality situated in the planning area within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where announcement within 30 days is not possible because of the publication schedule of the newspaper, the announcement is published within the stated time limit in the county newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed county-wide spatial plan and its strategic environmental assessment report.

§ 65. Presenting the proposed county-wide spatial plan and its strategic environmental assessment report for endorsement and for opinions

(1) Once the results of the strategic environmental assessment report have been included in the county-wide spatial plan, the proposed plan and strategic environmental assessment report are presented for endorsement to the persons and authorities mentioned in subsection 1 of § 57 of this Act; the persons and authorities mentioned in subsection 2 of § 57 of this Act are notified of the opportunity to present their opinion regarding the proposed plan and report.

(2) If the authority or person to whom the proposed county-wide spatial plan and its strategic environmental assessment report was presented for endorsement or who was invited to present an opinion regarding the proposed plan and report has not, within 30 days of receiving these, refused to endorse the proposed plan or report or presented an opinion or applied for extension of the time limit, the proposed plan and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion regarding the proposed plan and report is deemed to have declined to do so, unless otherwise provided by law.

(3) If the person or authority to whom the proposed county-wide spatial plan and its proposed strategic environmental assessment report were presented for endorsement does not indicate that the proposed plan or report is contrary to legislation, the proposed plan is deemed to have been endorsed. When deciding whether to endorse the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 67. Public display of the county-wide spatial plan

(1) Once the proposed county-wide spatial plan and strategic environmental assessment report has been approved and amendments that, based on the opinions, were deemed necessary have been made, the authority arranging creation of the plan arranges its public display. The display is held at least in the major population centre of the county in whose territory the planning area is situated.

(2) During the time of public display of the county-wide spatial plan, everyone has a right to present opinions concerning the plan.

(3) The county-wide spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons for the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the county-wide spatial plan, any endorsements and opinions received in accordance with subsection 1 of § 65 of this Act regarding the plan are also made public.

(4) The duration of public display of the county-wide spatial plan is at least 30 days.

(5) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of public display of the county-wide spatial plan before commencement of the display. The notification states the time and place of the display and the particulars required under subsection 7 of this section.

(6) The time and place of public display of the county-wide spatial plan are announced before commencement of the display in the county newspaper or in one newspaper of nation-wide circulation and in the newspaper of the municipality in whose territory the planning area is situated. Where the municipality has no municipal newspaper or where announcement in the municipal newspaper before commencement of the display is not possible because of the newspaper’s publication schedule, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement concerning the display is published on the website of the authority arranging creation of the plan.

(7) The announcement mentioned in subsection 6 of this section must:

1) disclose the location, including the boundaries, and size of the planning area;

2) briefly introduce the substance of the county-wide spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in creation of the plan;

3) state the major changes envisaged in comparison with the existing situation.

(8) During the time of public display of the county-wide spatial plan, everyone is to have access, during the office hours of the authority arranging creation of the plan, to any material and information which is related to the plan and which the authority arranging creation of the plan has at its disposal.

(9) Within 30 days following the end of public display of the county-wide spatial plan, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 68. Public discussion of the results of public display of the county-wide spatial plan

(1) A public discussion of the results of public display of the county-wide spatial plan is held within 45 days following the end of the display. The display is held at least in the major population centre of the county in whose territory the planning area is situated.

(2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the county-wide spatial plan during the time the plan was on public display or if all written opinions have been followed.

(3) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the public discussion of the county-wide spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

(4) At the public discussion, the authority arranging creation of the county-wide spatial plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in creation of the plan and responds to other questions regarding the plan.

(5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the county-wide spatial plan in a form reproducible in writing.

§ 69. Consideration of the results of public display and public discussion of the county-wide spatial plan

(1) If written opinions were presented during the public display of the county-wide spatial plan, information concerning the results of public display and public discussion is published in the county newspaper of in one newspaper of nation-wide circulation and in the municipal newspaper of the municipality in whose territory the planning area is situated within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where announcement within 30 days is not possible because of the publication schedule of the newspaper, the announcement is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the county-wide spatial plan.

(3) If the modifications made based on the results of public display and public discussion alter the principal solutions of the county-wide spatial plan or necessitate significant changes in the strategic environmental assessment report, the plan and the report are presented for endorsement anew to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall. Also, the public display and public discussion are held anew, following the requirements established in this Act in respect of presentation for endorsement of county-wide spatial plans and strategic environmental assessment reports and of arranging the public display and public discussion of such plans and reports.

§ 71. Bringing the county-wide spatial plan into effect

(1) The county-wide spatial plan is brought into effect by order of the Government of the Republic.

(2) A notice concerning the bringing of the county-wide spatial plan into effect is published within 30 days following the bringing of the plan into effect in the county newspaper or in one newspaper of nation-wide circulation and in the municipal newspaper of the municipality in whose territory the planning area is situated and, within 14 days following the bringing of the plan into effect, in the Official Announcements, as well as on the website of the authority arranging creation of the plan. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and in the county newspaper within 30 days following the bringing into effect of the plan. Where the municipality has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following the bringing of the plan into effect.

(3) When giving notification of the bringing of the county-wide spatial plan into effect, a brief overview must be provided of the substance of the plan, including an overview of the county’s spatial development objectives and of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 57 of this Act are notified of the bringing of the county-wide spatial plan into effect within 30 days following the bringing of the plan into effect.

(5) The authority that arranged creation of the county-wide spatial plan files the particulars mentioned in subsection 6 of § 41 of this Act in respect of the plan that was brought into effect with the database of spatial plans within 14 days following the bringing into effect of the plan.

§ 72. Obligation to review the county-wide spatial plan

(1) The Ministry of Economic Affairs and Communications reviews county-wide spatial plans at least once every five years and presents an overview of its findings, including any comprehensive spatial plans that have been brought into effect, to the Government of the Republic within six months following completion of the review.

(2) A review of the county-wide spatial plan must ascertain:

1) the results of developments based on the plan and the possibilities for further implementation of the plan;

2) the conformity of the plan to the aims of this Act;

3) any significant economic, social, cultural and environmental impact to result from implementation of the plan and the conditions for reducing significant negative impacts;

4) the need to incorporate in the plan modifications emanating from other spatial plans and from legislation;

5) the need to create a new spatial plan;

6) other significant issues related to implementation of the plan.

§ 73. Repealing or modifying the county-wide spatial plan

(1) In order to repeal the county-wide spatial plan, a new county-wide spatial plan that deals with the same planning area or the same planning theme must be created following the requirements established in this Act concerning the creation of county-wide spatial plans.

(2) The county-wide spatial plan may be modified by creating a spatial plan for a part of the planning area, or a thematic spatial plan, following the requirements established in this Act concerning creation of county-wide spatial plans. Any spatial plan to modify the county-wide spatial plan is created in cooperation with the authorities of the executive branch in whose area of government the matters dealt with by the modifications fall and with the persons whose rights or interests the modifications may affect, inviting those authorities and persons to participate in creation of the plan.

(3) When a thematic spatial plan mentioned in subsection 2 of this section is brought into effect, the modifications made by that plan are incorporated into the previous county-wide spatial plan that had been brought into effect within 30 days following the bringing into effect of the thematic spatial plan. When introducing the modifications into the previous county-wide spatial plan, a note must be appended to the plan stating the extent to which the plan has been modified or, where this is technically possible, enter the modifications emanating from the thematic spatial plan on the map and in the explanatory memorandum of the county-wide spatial plan.

(3¹) Where the county-wide spatial plan needs to be brought into conformity with legislation amended or passed after the bringing of the plan into effect or with a judgment that has entered into effect, the authority that arranged creation of the plan incorporates the necessary modifications into the plan as an administrative action, without conducting public proceedings. The modifications are announced in accordance with the requirements established for announcing the bringing into effect of county-wide spatial plans.

(3²) When incorporating amendments into the county-wide spatial plan under subsections 2–3¹ of this section, the authority that arranged creation of the plan files the amended particulars mentioned in subsection 6 of §4¹ of this Act with the database of spatial plans within 14 days following incorporation of the amendments.

(4) When modifying the county-wide spatial plan by means of a spatial plan dealing with a part of its planning area or by means of a thematic spatial plan, it must be ensured that the overall solution of the county-wide spatial plan as modified remains capable of implementation.

§ 74. Comprehensive spatial plan and the authority to arrange its creation

(1) The purpose of a comprehensive spatial plan is to define the principles of and directions in the spatial development of the entire municipal territory or a part of such territory.

(1¹) By agreement between the relevant municipalities, a comprehensive spatial plan may be created for the territory of several rural or urban municipalities, among other things for the purpose of implementing the development strategy of the county.

(2) In a situation mentioned in clause 5 of subsection 1 of § 75, a comprehensive spatial plan may be created for a public water body.

(3) On the basis of a comprehensive spatial plan, restrictions may be imposed on immovable property.

(4) Strategic environmental assessment is mandatory when creating a comprehensive spatial plan. When creating a thematic plan under a comprehensive spatial plan, preliminary assessment must be made and strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the Environmental Impact Assessment and Environmental Management System Act and the positions of the authorities relevant under subsection 6 of that section.

(5) Comprehensive spatial plans are the basis for creation of detailed spatial plans and, in situations where creation of a detailed spatial plan is not mandatory, for the issuing of design specifications.

(6) If the planning area contains a heritage conservation area or its protection zone, special conditions of heritage conservation for comprehensive spatial plans are taken into account in the processof creating such a plan, having regard to the provisions of the Heritage Conservation Act.

(7) If an enterprise that constitutes a dangerous enterprise or an enterprise with major hazard under the Chemicals Act is located in the planning area, the requirements provided by the Chemicals Act must be taken into account in creating the comprehensive spatial plan.

(8) The authority to arrange creation of the comprehensive spatial plan is the municipality.

§ 75. Functions of the comprehensive spatial plan

(1) The functions of the comprehensive spatial plan are:

1) to determine the general location of transport networks and other infrastructure, including local roads, railways, harbours and small-craft harbours, and the restrictions resulting from such networks, infrastructure, roads and harbours;

2) to determine the location of waste treatment sites of local importance and the restrictions resulting from such sites;

3) to determine the general location of, within the meaning of the Law of Property Act, utility lines and utility civil engineering works, as well as the restrictions resulting from such lines and works;

4) to select the location of construction works that have significant spatial impact;

5) to determine the general requirements concerning the building, in a public water body, of construction works that have a permanent connection to the shore or that are functionally connected to the shore, and their location;

6) to specify the conditions directing the development of human settlement;

7) to determine the area of a bathing beach;

8) to expand the protection zone of a street;

9) to define the boundaries of areas of repeated flooding on the coastline and to set the high water marks of internal bodies of water with an extensive flooding area;

10) to specify the location and the conditions that ensure the functioning of a green network and to determine the restrictions resulting from such a network;

11) to state the conditions of public access to shore or bank paths and, in cases of overriding interest, deciding the closure of such a path and arranging a bypass in accordance with the provisions of the General Part of the Environmental Code Act;

12) to extend or reduce the building exclusion zone of the shore or bank;

13) to designate natural features to be protected at the municipality level and to state the conditions for their protection and use;

14) to designate valuable agricultural land, green areas, landscapes, individual features of landscapes and natural biotic communities and to state the conditions for their protection and use;

15) to determine the restrictions resulting from areas that are subject to the impact of mineral deposits and mining;

16) to designate built-up areas of cultural and environmental value and to assign the status ‘valuable’ to individual objects and to state the conditions for their protection and use;

17) to determine the measures to preserve locally significant cultural heritage, and the general conditions for the use of such heritage;

18) to determine the general use and building conditions of the planning area – including the conditions that serve as the basis for the issuing of design specifications –, the principal purpose of land use, the maximum built-up floor area, the height limit for buildings, the requirements for the planting of vegetation and, where this is needed, the sightlines;

19) to define land areas that serve national defence purposes and to specify the boundaries of the land areas defined in the county-wide spatial plan as serving national defence purposes;

20) to determine the location of leisure and recreation areas and the restrictions resulting from such areas;

21) to establish restrictions concerning the size of the cutting area and the rotation age in the event of forest clearcutting operations performed in order to protect settlements or construction works against air pollution, noise, strong wind or snowstorm or in order to reduce the risk of fire outbreak or to prevent the spread of a forest fire;

22) to define the categories of standard noise levels;

23) to define the general principles of traffic arrangements;

23¹) to set conditions that reduce the risk of crime;

24) to determine the minimum size of plots;

25) to designate areas where, and to determine instances in which, when creating the detailed spatial plan, the holding of an architecture competition has to be considered;

26) to designate areas where or to determine instances when creation of the detailed spatial plan is mandatory;

27) to designate areas that are densely populated for the purposes of the Land Reform Act and Nature Conservation Act;

28) to determine the location of land improvement systems and the restrictions resulting from such systems;

29) to state the need to subject an immovable property to acquisition in the public interest – including expropriation – or to compulsory possession in order to fulfil the functions mentioned in this subsection;

30) to determine the location of water catchments with sanitary protection zones and the restrictions resulting from such catchments;

31) to fulfil other functions in relation to the functions listed in this subsection.

(2) The functions to be fulfilled by the comprehensive spatial plan are decided on in accordance with the spatial needs of the municipality and the purpose of the plan.

(2¹) Decisions on the tasks to be resolved by the comprehensive spatial plan created for the administrative territory of several municipalities are based, among other things, on the spatial needs formulated in the development strategy of the county and on the purpose of the plan.

(3) The comprehensive spatial plan may contain a proposal to modify the county-wide spatial plan.

(4) The principal purpose of land use means the dominant purpose that is determined by the comprehensive spatial plan in respect of a land area and that sets the main directions of further land use in the entire region to which it applies.

§ 76. Cooperation and invitation to participate in creating a comprehensive spatial plan

(1) A comprehensive spatial plan is created in cooperation with the authorities of the executive branch in whose area of government the issues addressed by the plan fall, and with the municipalities whose territory borders on the planning area.

(2) The Land and Spatial Planning Board and any persons whose rights the comprehensive spatial plan may affect, as well as persons who have expressed an interest in being invited to participate in creation of the plan, and any persons or authorities who may have a legitimate interest in the significant environmental impact that may be presumed to result from implementation of the plan or in the directions of spatial development in the planning area, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations that represent residents of the planning area, are invited to participate in creating the plan.

(3) Any person whose interests the comprehensive spatial plan may affect may be invited to participate in creating the plan. Should the authority arranging creation of the plan invite such a person to participate in creating the plan, the provisions applicable to that person are those that apply to the persons and authorities mentioned in subsection 2 of this section.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the comprehensive spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(4¹) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.

(5) During the process of creating the comprehensive spatial plan, the plan is made public on the website of the authority arranging creation of the plan together with its significant annexes, above all surveys, endorsements, opinions and other up-to-date information.

(6) The authority arranging creation of the comprehensive spatial plan may, before the public display of the plan but not later than within 60 days of receiving written opinions presented in the course of creation of the plan, issue a collective reply to the opinions.

§ 77. Initiating creation of a comprehensive spatial plan and of strategic environmental assessment

(1) Creation of a comprehensive spatial plan and its strategic environmental assessment is initiated by a resolution of the municipal council.

(2) Initiating the creation of a comprehensive spatial plan and of the corresponding strategic environmental assessment is forgone above all where:

1) it is obvious that the purpose of the plan to be initiated is contrary to the county-wide spatial plan;

2) it is manifest that future implementation of the plan to be initiated is impossible;

3) such a decision is dictated by other reasons of overriding public interest.

(3) The decision on initiating or refusing to initiate creation of the comprehensive spatial plan and of strategic environmental assessment is taken within 30 days following reception of an application seeking the initiation. Where warranted by the circumstances – above all due to the size of the planning area, the need to conduct surveys or investigations or the large number of the parties to be invited to participate or cooperate – the time limit mentioned in the preceding sentence may be extended to 90 days.

(4) The decision to initiate creation of the comprehensive spatial plan and the corresponding strategic environmental assessment states:

1) the purpose of creation of the plan;

2) in the case of a thematic plan or of a plan concerning a part of the municipal territory, the location and size of the planning area, including its boundaries;

3) the time when and place where members of the public can acquaint themselves with the initiation decision.

(5) Initiating the creation of the comprehensive spatial plan and of its strategic environmental assessment is announced within 30 days following the initiation in the municipal newspaper of the urban or rural municipality, as well as in the county newspaper or in the newspaper of nation-wide circulation that the municipality has selected for the publication of its official announcements. Where announcement within 30 days is not possible because of the publication schedule of the municipal newspaper, the announcement is published in that newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following initiation. If the municipality has no municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following initiation.

(6) A notice on initiating the creation of the comprehensive spatial plan and of its strategic environmental assessment is published in the Official Announcements and on the website of the authority arranging creation of the plan within 14 days following the initiation. The notice must include the particulars mentioned in subsection 4 of this section.

(7) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of initiation of the creation of a comprehensive spatial plan and of its strategic environmental assessment within 30 days following such initiation.

(7¹) A decision not to initiate strategic environmental assessment of a thematic comprehensive spatial plan, and the reasons for such a decision, are notified following the requirements established in subsections 5–7 of this section.

(8) If it is known at the time of initiating the creation of the comprehensive spatial plan – or becomes known during creation of the plan – that the plan may entail the need to subject an immovable property or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging creation of the plan notifies the owner of the property of the initiation within seven days following the date on which the decision to initiate was made or from the date on which the need to subject the property to compulsory acquisition or compulsory possession became known.

§ 78. Discontinuing the creation of the comprehensive spatial plan and of its strategic environmental assessment

(1) The authority arranging creation of the comprehensive spatial plan may discontinue creation of the plan and of strategic environmental assessment above all in cases where:

1) in the process of creating the plan, circumstances are revealed that render future implementation of the plan impossible, or

2) the purpose of creation of the plan is substantially modified in the process.

(2) Announcement and notification of discontinuing the creation of the comprehensive spatial plan and of strategic environmental assessment and of the reasons for the discontinuation is made following the requirements established in subsections 5 and 7 of § 77 of this Act concerning announcement and notification of initiating the creation of comprehensive spatial plans and of their strategic environmental assessment. The announcement of discontinuing the creation of the comprehensive spatial plan and of its strategic environmental assessment and of the reasons for the discontinuation is also disseminated on the website of the authority that arranged creation of the plan within 14 days following the discontinuation.

§ 79. Imposing a temporary ban on planning and building work when creating a comprehensive spatial plan

(1) The authority arranging creation of a comprehensive spatial plan may impose, for the duration of creation of the plan, a ban on planning and building work in the planning area or a part thereof if the plan envisages alterations in the building and use conditions originally established for the planning area.

(2) During the period of the temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:

1) the bringing into effect of comprehensive spatial plans or of detailed spatial plans;

2) the issuing of building permits for the building of construction works;

3) the issuing of design specifications;

4) changing the hitherto intended purpose of the cadastral unit.

(3) The temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

(4) The temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the filing of a building notice or the existence of a building permit is not required.

(5) The authority arranging creation of a comprehensive spatial plan notifies, by way of registered letter, the owner of any immovable property regarding which a temporary ban on planning and building work is to be imposed and, where necessary, the persons who may be affected by the ban, of its intention to impose the ban and of the reasons for the imposition at least 14 days before imposing the ban.

(6) The authority arranging creation of a comprehensive spatial plan imposes the temporary ban on planning and building work by a corresponding order and, within seven days following the imposition of the ban, notifies this by way of registered letter to the owner of any immovable property subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 81. Invitation to present proposals regarding initial positions for the comprehensive spatial plan and its strategic environmental assessment programme

(1) The authority arranging creation of the comprehensive spatial plan transmits the initial positions for the plan and its strategic environmental assessment programme to the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act, inviting those persons and authorities to present proposals in regard to these documents and sets a time limit that may not be shorter than 30 days for the presentation of proposals.

(2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act present their proposals regarding the initial positions for the comprehensive spatial plan and regarding its strategic environmental assessment programme, as well as their opinion concerning the relevance and sufficiency of that programme.

(3) The Land and Spatial Planning Board may designate, in addition to persons and authorities named in the initial position as the ones to be involved in cooperation towards – or invited to participate in – creating the comprehensive spatial plan, other persons or authorities to be so involved or invited.

(4) If a person or authority mentioned in subsections 1 and 2 of § 76 of this Act has not presented a proposal within the set time limit, the person or authority is deemed to have declined to present proposals regarding the initial positions for the comprehensive spatial plan and its strategic environmental assessment programme.

(5) The authority arranging creation of the comprehensive spatial plan considers the proposals it has received and, based on those proposals, makes the necessary modifications in the initial positions for the plan and in its strategic environmental assessment programme.

(6) The initial positions for the comprehensive spatial plan and its strategic environmental assessment programme, together with any proposals presented by the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act, are made public on the website of the authority arranging creation of the plan.

§ 82. Public display of the proposed comprehensive spatial plan and its strategic environmental assessment report

(1) The authority arranging creation of the comprehensive spatial plan an its strategic environmental assessment report arranges public display of the proposed plan and strategic environmental assessment report. The display is held at least in the major population centre of the municipality in whose territory the planning area is located. In the case of urban municipalities divided into districts, the display is held in a central venue of the district.

(2) During the time of public display of the proposed comprehensive spatial plan and its strategic environmental assessment report, everyone has a right to present opinions concerning the plan and the report.

(3) The duration of public display of the proposed comprehensive spatial plan and of its strategic environmental assessment report is at least 30 days.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of public display of the comprehensive spatial plan and its strategic environmental assessment report before commencement of the display. The notification states the time and place of the display and the particulars required under subsection 6 of this section.

(5) The time and place of public display of the comprehensive spatial plan and its strategic environmental assessment report are announced before commencement of the display in the newspaper of the municipality in whose territory the planning area is situated as well as in the county newspaper or the newspaper of nation-wide circulation that the municipality has designated as the channel through which official announcements of the municipality are published. Where the municipality has no municipal newspaper or where announcement in the municipal newspaper before commencement of the display is not possible because of the newspaper’s publication schedule, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement concerning the public display is published on the website of the authority arranging creation of the plan.

(6) The announcement mentioned in subsection 5 of this section must:

1) disclose the location, including the boundaries, and size of the planning area;

2) briefly introduce the substance of the comprehensive spatial plan, including stating any significant impact that may presumably result from implementation of the plan as well as any major changes envisaged in comparison with the existing situation.

(7) During the time the proposed comprehensive spatial plan and its strategic environmental assessment report are on public display, everyone is to have access, during the office hours of the municipal executive, to any material and information that is related to the proposed plan and report and that the executive has at its disposal.

(8) Within 30 days following the end of public display of the proposed comprehensives plan and its strategic environmental assessment report, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time the proposed plan and report were on public display its reasoned position concerning those opinions together with the time and place of the public discussion of the proposed plan and report.

§ 83. Public discussion of the results of public display of the proposed comprehensive spatial plan and of its strategic environmental assessment report

(1) A public discussion of the results of public display of the proposed comprehensive spatial plan and strategic environmental assessment report is held within 45 days following the end of the display. The discussion is held at least in the major population centre of the municipality in whose territory the planning area is situated. In the case of urban municipalities divided into districts, the discussion is held in a central venue of the district.

(2) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public discussion of the proposed comprehensive spatial plan and of its strategic environmental assessment report at least 14 days before commencement of the discussion. The notification states the time and place of the discussion.

(3) At the public discussion, the authority arranging creation of the comprehensive spatial plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected during creation of the plan and responds to other questions regarding the proposed comprehensive spatial plan and its strategic environmental assessment report.

(4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the comprehensive spatial plan in a form reproducible in writing.

§ 84. Consideration of the results of public display and public discussion of the proposed comprehensive spatial plan and of its strategic environmental assessment report

(1) If written opinions are received during public display of the proposed comprehensive spatial plan and of its strategic environmental assessment report, information concerning the results of public display and public discussion is published, within 30 days following the date on which the public discussion was held, in the municipal newspaper of each municipality situated in the planning area, as well as in the county newspaper or in the newspaper of nation-wide circulation that the municipality has selected for the publication of its official announcements. Where the municipality has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the county newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed comprehensive spatial plan and its strategic environmental assessment report.

§ 85. Presenting the proposed comprehensive spatial plan and its strategic environmental assessment report for endorsement and for opinions

(1) The proposed comprehensive spatial plan and its strategic environmental assessment report are presented for endorsement to the persons and authorities mentioned in subsection 1 of § 76 of this Act; the persons and authorities mentioned in subsection 2 of § 76 of this Act are notified of the opportunity to present their opinion regarding the proposed plan and report.

(2) If the authority or person to whom the proposed comprehensive spatial plan and its strategic environmental assessment report were presented for endorsement or who was invited to present an opinion regarding the proposed plan and report has not, within 30 days of receiving these, refused to endorse the proposed plan or report or presented an opinion or applied for extension of the time limit, the proposed plan and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion regarding the proposed plan and report is deemed to have declined to do so, unless otherwise provided by law.

(3) If the person or authority to whom the proposed comprehensive spatial plan and proposed strategic environmental assessment report were presented for endorsement does not indicate that the proposed plan or report is contrary to legislation, the proposed plan is deemed to have been endorsed. When deciding whether to endorse the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 86. Approving the comprehensive spatial plan and its strategic environmental assessment report

(1) When the results of the strategic environmental assessment report have been incorporated in the comprehensive spatial plan, the municipal council passes a resolution by which it approves the plan.

(2) By passing a resolution to approve the comprehensive spatial plan, the municipal council certifies that the plan is in conformity with the relevant legislation and has been created in conformity to the spatial development objectives of the municipality. The council also certifies that the results of strategic environmental assessment have been taken into account when creating the plan.

§ 87. Public display of the comprehensive spatial plan

(1) Once the comprehensive spatial plan and strategic environmental assessment report have been approved, the authority arranging creation of the plan arranges public display of the plan. The display is held at least in the major population centre of the municipality in whose territory the planning area is situated. In urban municipalities divided into districts, the public display is held in a central venue of the district.

(2) During the time of public display of the comprehensive spatial plan, everyone has a right to present opinions concerning the plan.

(3) The comprehensive spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons of the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any endorsements and opinions received in accordance with subsection 1 of § 85 of this Act regarding the plan are also made public.

(4) The duration of public display of the comprehensive spatial plan is at least 30 days.

(5) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public display of the comprehensive spatial plan before commencement of the display. The notification states the time and place of the display and the particulars mentioned in subsection 7 of this section.

(6) The time and place of public display of the comprehensive spatial plan are announced before commencement of the display in the newspaper of the municipality in whose territory the planning area is situated as well as in the county newspaper or the newspaper of nation-wide circulation that the municipality has designated as the channel through which its official announcements are published. Where the municipality has no municipal newspaper or where announcement in the municipal newspaper before commencement of the display is not possible because of the newspaper’s publication schedule, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement concerning the display is published on the website of the authority arranging creation of the plan.

(7) The announcement mentioned in subsection 6 of this section must:

1) disclose the location, including the boundaries, and size of the planning area;

2) briefly introduce the substance of the comprehensive spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in creation of the plan;

3) state any major changes emanating from the plan in comparison with the existing situation.

(8) During the time the comprehensive spatial plan is on public display, everyone is to have access, during the office hours of the municipal executive, to any material and information that is related to the plan and that the executive has at its disposal.

(9) Within 30 days following the end of public display of the comprehensive spatial plan, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time of the display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 88. Public discussion of the results of public display of the comprehensive spatial plan

(1) A public discussion of the results of public display of the proposed comprehensive spatial plan is held within 45 days following the end of the display. The discussion is held at least in the major population centre of the municipality in whose territory the planning area is situated. In the case of urban municipalities divided into districts, the discussion is held in a central venue of the district.

(2) The holding of the public discussion is not mandatory if no written opinions were presented concerning the comprehensive spatial plan during the time the plan was on public display or if all written opinions have been followed.

(3) The persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act are notified of the public discussion of the comprehensive spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

(4) At the public discussion, the authority arranging creation of the comprehensive spatial plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in creation of the plan and responds to other questions regarding the plan.

(5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the comprehensive spatial plan in a form reproducible in writing.

§ 89. Considering the results of public display and public discussion of the comprehensive spatial plan

(1) If written opinions are received during public display of the comprehensive spatial plan, information concerning the results of public display and public discussion is published in the municipal newspaper of each municipality situated in the planning area, as well as in the county newspaper or in a newspaper of nation-wide circulation which the municipality has selected for the publication of its official announcements within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the county newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the comprehensive spatial plan.

(3) If the modifications made based on the results of public display and public discussion alter the principal solutions of the comprehensive spatial plan or necessitate significant changes in its strategic environmental assessment report, the plan and the report are presented for endorsement anew to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall. Also, the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of comprehensive spatial plans and strategic environmental assessment reports.

§ 90. Ratification of the comprehensive spatial plan

(1) The comprehensive spatial plan is presented for ratification to the Land and Spatial Planning Board. Any opinions that were stated in writing during the public display and that were not taken into account in the process of creating the plan are presented, together with the plan and with the reasoned position – of the authority that arranged creation of the plan – concerning refusal to take those opinions into account.

(2) Within 60 days following presentation of the comprehensive spatial plan, the Land and Spatial Planning Board ratifies the plan or refuses to ratify it. Where this is warranted by the circumstances, the time limit may be extended to 90 days.

(3) When deciding on ratifying the comprehensive spatial plan, Land and Spatial Planning Board:

1) verifies the conformity of strategic environmental assessment proceedings and of the plan to relevant legislation, to the relevant county-wide spatial plan and to relevant national designated spatial plans;

2) ;

3) in a situation where the plan includes a proposal to modify the county-wide spatial plan, grants or refuses their consent for the latter’s modification.

(3¹) Approval by the minister in charge of the policy sector constitutes a precondition for granting or refusing the consent mentioned in clause 3 of subsection 3 of this section.

(5) Where the Land and Spatial Planning Board refuses to ratify the comprehensive spatial plan, they present – to the authority that arranged creation of the plan – their reasoned position concerning the reasons why ratification was refused, pointing out the requirements or circumstances mentioned in subsection 3 of this section that constitute grounds for refusal to ratify. Where warranted by the circumstances, the board may propose that the plan be brought into effect in part.

§ 91. Bringing the comprehensive spatial plan into effect

(1) The comprehensive spatial plan that has been ratified by the Land and Spatial Planning Board is brought into effect by a resolution of the municipal council.

(2) A notice concerning the bringing into effect of the comprehensive spatial plan is published within 30 days following the bringing of the plan into effect in the municipal newspaper of each municipality situated in the planning area, as well as in the county newspaper or in the newspaper of nation-wide circulation that the municipality has selected for the publication of its official announcements. Where announcement within 30 days is not possible because of the publication schedule of the municipal newspaper, the notice is published in such a newspaper at the earliest opportunity, and the bringing of the plan into effect is also announced within 30 days in the county newspaper. Where the municipality has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following the bringing of the plan into effect. The notice of is published in the Official Announcements and on the website of the authority arranging creation of the plan within 14 days following the bringing of the plan into effect.

(3) The authority that arranged creation of the comprehensive spatial plan notifies the bringing into effect of the plan to the Registrar of the National Land Cadastre within 14 days following the day on which the plan was brought into effect.

(3¹) The authority that arranged creation of the comprehensive spatial plan files the particulars mentioned in subsection 6 of § 4¹ of this Act in respect of the plan that was brought into effect with the database of spatial plans within 14 days following the bringing into effect of the plan.

(4) When giving notification of the bringing into effect of the comprehensive spatial plan, a brief overview must be provided of the substance of the plan, including an overview of the spatial development objectives of the municipality and of the likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

(5) Within 14 days following the day on which the decision to bring the comprehensive spatial plan into effect was taken, the authority that arranged creation of the plan notifies the bringing of the plan into effect to:

1) the persons who presented written opinions during the public display of the plan and whose opinions were not taken into account when the plan was brought into effect;

2) the owners whose immovable property or parts of whose immovable property need to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession, in order to implement the plan;

3) the owners on whose immovable property a temporary building or planning ban was imposed in the course of creation of the plan;

4) the persons and authorities mentioned in subsections 1 and 2 of § 76 of this Act.

(6) If the comprehensive spatial plan contains a proposal to modify the county-wide spatial plan, and the Land and Spatial Planning Board has consented to the proposal, the modification is made in the county-wide spatial plan within 30 days following the bringing into effect of the comprehensive spatial plan. When incorporating the modifications in the plan, a note must be appended to the county-wide spatial plan stating the extent to which the plan has been modified or, where this is technically possible, enter the modifications emanating from the comprehensive spatial plan on the map and in the explanatory memorandum of the county-wide spatial plan.

(7) When incorporating modifications in the county-wide spatial plan under subsection 6 of this section, the authority that arranged creation of the plan files the modified particulars mentioned in subsection 6 of §4¹ of this Act with the database of spatial plans within 14 days following incorporation of the amendments.

§ 92. Obligation to review the comprehensive spatial plan

(1) The municipal council reviews the comprehensive spatial plan once every five years. The council presents an overview of its findings to the Land and Spatial Planning Board within six months following completion of the review.

(2) A review of the comprehensive spatial plan must ascertain and consider:

1) the results of developments based on the plan and the possibilities for further implementation of the plan;

2) the conformity of the plan to the aims of this Act;

3) any significant economic, social and cultural impact, and impact on the natural environment, to result from implementation of the plan and the conditions for reducing significant negative impacts;

4) the need to incorporate in the plan modifications emanating from other spatial plans and from legislation;

5) the detailed spatial plans in effect, in order to ensure their conformity to the comprehensive spatial plan and, where necessary, to open proceedings to modify or repeal them;

6) any other significant issues related to implementation of the plan.

§ 93. Repealing or modifying the comprehensive spatial plan

(1) In order to repeal the comprehensive spatial plan, a new comprehensive spatial plan that deals with the same planning area or the same planning theme must be created following the requirements established in this Act concerning the creation of comprehensive spatial plans.

(2) The comprehensive spatial plan may be modified by creating a spatial plan in respect of a part of the planning area or a thematic spatial plan, following the requirements established in this Act concerning creation of comprehensive spatial plans. Any spatial plan to modify the comprehensive spatial plan is created in cooperation with the authorities of the executive branch in whose area of government the matters dealt with by the modifications fall and with the persons whose rights or interests the modifications may affect, as well as the non-profit associations and foundations that represent the residents of the planning area, inviting those authorities, persons, associations and foundations to participate in creation of the plan.

(2¹) By agreement between the relevant municipalities and in order to implement the development strategy of the county, a comprehensive spatial plan envisaged for the territory or several rural or urban municipalities may be created as a thematic spatial plan.

(3) When a thematic spatial plan mentioned in subsections 2 and 2¹ of this section is brought into effect, any modifications made by that plan are incorporated into the previous comprehensive spatial plan that had been brought into effect within 30 days following the bringin into effect of the thematic spatial plan. When incorporating the modifications in the previous comprehensive spatial plan, a note must be appended to the plan stating the extent to which the plan has been modified or, where this is technically possible, the modifications emanating from the thematic plan must be incorporated into the map and the explanatory memorandum of the comprehensive spatial plan.

(4) In order to bring the comprehensive spatial plan into conformity with legislation that has been amended or passed after the bringing into effect of the plan or with a court judgment that has entered into effect after the bringin of the plan into effect, the authority that arranged creation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the bringing into effect of comprehensive spatial plans.

(4¹) When incorporating modifications in the comprehensive spatial plan under subsections 2–4 of this section, the authority that arranged creation of the plan files the amended particulars mentioned in subsection 6 of §4¹ of this Act with the database of spatial plans within 14 days following incorporation of the amendments.

(5) When modifying the comprehensive spatial plan by means of a spatial plan dealing with a part of the planning area or by means of a thematic spatial plan mentioned in subsections 2 and 2¹ of this section, it must be ensured that the overall solution of the comprehensive spatial plan as modified remains capable of implementation.

§ 94. Contesting the comprehensive spatial plan

Anyone who finds that the decision by which the comprehensive spatial plan was brought into effect is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the bringing into effect of the plan.

§ 95. Municipal designated spatial plan and the authority to arrange its creation

(1) A municipal designated spatial plan is created in order to erect a construction work that has a significant spatial impact and whose location has not been determined in the comprehensive spatial plan.

(2) The list of construction works that have a significant spatial impact is enacted by regulation of the Government of the Republic.

(3) A municipal designated spatial plan is created for the territory of the municipality or a part of such territory.

(4) On the basis of the municipal designated spatial plan, restrictions may be imposed on immovable property.

(5) Strategic environmental assessment is mandatory when creating a municipal designated spatial plan.

(6) The authority to arrange creation of municipal designated spatial plans is the municipality.

(7) The procedure for creating a municipal designated spatial plan consists of pre-selecting a location for the construction work – with the purpose of finding the most suitable location for that construction work – and of proceedings to create the corresponding detailed solution.

(8) A municipal designated spatial plan constitutes the basis for creating the corresponding building design documentation, except where the plan has been brought into effect based on pre-selection of location.

(8¹) A municipal designated spatial plan may propose modifications to the county-wide spatial plan.

(8²) A municipal designated spatial plan that envisages the construction of a wind farm may, when this is justified, include a proposal to modify the comprehensive spatial plan that is in effect. Modifying the principal solution of such a plan is justified in a situation where legislation has been amended following the plan’s bringing into effect, as well as where new facts have come to light that, at the time when the plan was brought into effect, ruled out the possibility of constructing wind farms in the administrative territory of the municipality or in a part of that territory.

(9) During the process of creating a municipal designated spatial plan, the plan is made public on the website of the authority arranging creation of the plan together with its significant annexes, above all surveys, endorsements, opinions and any other up-to-date information.

§ 95¹. Bringing a municipal designated spatial plan into effect based on pre-selection of location

(1) When creating a municipal designated spatial plan that envisages the construction of a wind farm, the municipality may dispense with preparing a detailed solution and bring the plan into effect based on pre-selection of location, provided no factors are present that would exclude further specification of the wind farm by design specifications and provided the pre-selection of location states the conditions based on which such specifications may be issued.

(1¹) Where, in a situation provided for by subsection 1 of this section, preparation of a detailed solution is dispensed with, land use and building conditions – including the maximum height, number and rough location of the wind turbines – for the wind farm are determined at the stage of pre-selecting the location for the municipal designated spatial plan.

(2) When dispensing with the preparation of a detailed solution, the bringing into effect – and contestation – of the spatial plan based on the pre-selection of location is subject to the provisions of subsections 1–8 and 10–11of § 122 and of § 123 of this Act. Within 14 days, the persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the bringing of the plan into effect. Notification is made also to owners of items of immovable property whose property, or parts of whose property, needs to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession in order to implement the plan.

(3) The municipal designated spatial plan that envisages the construction of a wind farm and that is brought into effect based on pre-selection of location constitutes the basis for issuing design specifications.

§ 96. Initiating the creation of a municipal designated spatial plan and of its strategic environmental assessment

(1) The creation of a municipal designated spatial plan and of its strategic environmental assessment is initiated by a resolution of the municipal council.

(2) Initiating the creation of a municipal designated spatial plan and of its strategic environmental assessment is forgone above all where:

1) it is obvious that the purpose of the plan to be initiated is contrary to the comprehensive spatial plan;

2) it is manifest that future implementation of the plan to be initiated is impossible;

3) this is dictated by other reasons based on overriding public interest or

4) no funds are available in the budget of the authority arranging creation of the plan to bear the costs attaching to creation of the plan, to commissioning creation of the plan and to the assessment of its impact, and the party interested in creation of the plan does not bear such costs.

(3) A resolution on initiating or refusing to initiate the creation of a municipal designated spatial plan and its strategic environmental assessment is passed within 30 days following reception of an application to initiate creation of the plan. Where valid reasons are present, above all those emanating from the size of the planning area, from the need to conduct surveys or investigations, from ascertainment of the facts prerequisite to the conclusion of a contract to assign the obligation to bear the costs connected to the commisioning of creation of the plan, or from a large number of the parties to be invited to participate or cooperate, the above-mentioned time limit may be extended to 90 days.

(3¹) When the authority to arrange creation of the municipal designated spatial plan receives an application to initiate such a plan in order to construct a wind farm that falls within the list of construction works having a significant spatial impact, the authority notifies the public of the substance of the application and – where several parties may be presumed to have an interest in filing an equivalent application – of the possibility of filing such an application. The notification is published in the municipal newspaper, and also in the county newspaper or a newspaper of nation-wide circulation that the municipality has designated as the place of publication of its official announcements. A supplementary application may be filed within 30 days following publication of the notification.

(4) A resolution to initiate creation of a municipal designated spatial plan and its strategic environmental assessment states:

1) the location and size of the planning area, including its boundaries, as envisaged at the initiation;

2) the purpose of creation of the plan;

3) the purpose of use of the envisaged construction work and a description of the related activity;

4) the time when and place where members of the public can acquaint themselves with the initiation resolution.

(5) Initiating the creation of a municipal designated spatial plan and of its strategic environmental assessment is announced within 30 days following the initiation in the municipal newspaper, as well as in the county newspaper or in the newspaper of nation-wide circulation that the municipality has selected for the publication of its official announcements. Where announcement within 30 days is not possible because of the publication schedule of the municipal newspaper, the announcement is published in such a newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following initiation. If the municipality does not have a municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following initiation.

(6) A notice concerning initiating the creation of a municipal designated spatial plan and of its strategic environmental assessment is published in the Official Announcements and on the website of the authority arranging creation of the plan within 14 days following the initiation. The notice must include the particulars mentioned in subsection 4 of this section.

(7) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of initiation of the creation of the municipal designated spatial plan and of its strategic environmental assessment within 30 days following the initiation.

§ 97. Discontinuing the creation of the municipal designated spatial plan and of its strategic environmental assessment

(1) The authority arranging creation of the municipal designated spatial plan may discontinue creation of the plan and its strategic environmental assessment above all in cases where:

1) in the process of creating the plan, circumstances are revealed that render future implementation of the plan impossible,

2) the purpose of creation of the plan is modified in the process, or

3) no funds are available in the budget of the authority arranging creation of the plan to bear the costs attaching to creation of the plan, to commissioning creation of the plan and to the assessment of its impact, and the party interested in creation of the plan does not bear such costs.

(2) Announcement and notification of discontinuing the creation of the municipal designated spatial plan and of its strategic environmental assessment and of the reasons for the discontinuation is made following the requirements established in subsections 5 and 7 of § 96 of this Act concerning announcement and notification of initiating the creation of municipal designated spatial plans and of their strategic environmental assessment. The announcement concerning discontinuation of creation of the plan and of its strategic environmental assessment and the reasons for the discontinuation is also disseminated via the website of the authority that arranged creation of the plan within 14 days following the discontinuation.

§ 98. Pre-selecting a location when creating a municipal designated spatial plan

(1) Following initiation of creating a municipal designated spatial plan and of its strategic environmental assessment, a suitable location is pre-selected for the construction work envisaged by the plan, which then forms the basis for creating the detailed solution for the plan.

(1¹) Where the preparation of a detailed solution is dispensed with and the municipal designated spatial plan that envisages construction of a wind farm is brought into effect based on pre-selection of location, the requirements that apply are those established for pre-selection of location for municipal designated spatial plans, with the exception of the requirements provided by § 109 of this Act.

(2) When pre-selecting a location for the municipal designated spatial plan, several alternative options must be considered.

§ 99. Cooperation and invitation to participate in pre-selecting a location for the municipal designated spatial plan

(1) Pre-selecting a location for the municipal designated spatial plan is carried out in cooperation with the authorities of the executive branch in whose area of government the issues addressed by the plan fall.

(2) The Land and Spatial Planning Board and any persons whose rights the municipal designated spatial plan may affect, as well as any persons who have expressed an interest in being invited to participate in pre-selecting location for the plan, and any persons or authorities who may have a legitimate interest in the resulting significant environmental impact that may be presumed to be triggered by, or in the implementation of, the plan – including, through an organisation that unites them, environmental non-governmental organisations – are invited to participate in pre-selecting a location for the plan.

(3) Any person whose interests the municipal designated spatial plan may affect may be invited to participate in pre-selecting a location for the plan. If the authority arranging creation of the plan invites a person mentioned in this subsection to participate in the pre-selection, the provisions established in respect of persons and authorities mentioned in subsection 2 of this section also apply to that person.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the municipal designated spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(5) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.

(6) During the process of pre-selecting a location for the municipal designated spatial plan, the plan – together with its material annexes, which primarily include any investigations, endorsements, opinions and other up-to-date information – is made public through the website of the authority arranging its creation.

§ 99¹. Invitation to present proposals regarding initial positions for pre-selecting a location, and the strategic environmental assessment programme, for the municipal designated spatial plan

(1) The authority arranging creation of the municipal designated spatial plan presents the initial positions for the plan and its strategic environmental assessment programme to the persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act, inviting those persons and authorities to make proposals concerning the positions and the programme, and sets a time limit for making the proposals that may not be shorter than 30 days.

(2) Based on their sphere of competence, the persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act make proposals concerning the initial positions for the municipal designated spatial plan and its strategic environmental assessment programme, and state their assessment concerning the relevance and adequacy of the programme.

(3) The Land and Spatial Planning Board has a right to determine that certain persons and authorities – in addition to the persons to cooperate with and the persons to be invited to participate in creating the municipal designated spatial plan – must be cooperated with or invited to participate in creating the plan.

(4) If, during the time limit that was set, the person or authority mentioned in subsections 1 and 2 of § 99 of this Act has not made their proposals, they are deemed to have declined to make proposals concerning the municipal designated spatial plan and its strategic environmental assessment programme.

(5) The authority arranging creation of the municipal designated spatial plan reviews the proposals that have been made and, based on these, makes the necessary modifications to the initial positions for the plan and to its strategic environmental assessment programme.

(6) The initial positions for the municipal designated spatial plan and the plan’s strategic environmental assessment programme together with the proposals made by the persons and authorities mentioned in subsection 1 and 2 of § 99 of this Act are published on the website of the authority arranging creation of the plan.

§ 104. Report concerning the first stage of strategic environmental assessment of the municipal designated spatial plan

(1) In the course of pre-selecting a location for the municipal designated spatial plan, the authority arranging creation of the plan draws up a report concerning the first stage of strategic environmental assessment of the plan.

(2) The report concerning the first stage of strategic environmental assessment must state the particulars mentioned in subsections 4 and 4² of § 40 of the Environmental Impact Assessment and Environmental Management System Act.

§ 105. Presenting the proposed resolution on pre-selecting a location for the municipal designated spatial plan and the report concerning the first stage of strategic environmental assessment for endorsement and for opinions

(1) The proposed resolution on pre-selecting a location for the municipal designated spatial plan together with the report concerning the first stage of strategic environmental assessment is presented for endorsement to the persons and authorities mentioned in subsection 1 of § 99 of this Act; the persons and authorities mentioned in subsection 2 of § 99 of this Act are notified of the opportunity to present their opinion regarding the proposed resolution and the report.

(2) If the authority or person to whom the proposed resolution on pre-selecting a location for the municipal designated spatial plan and the report concerning the first stage of strategic environmental assessment was presented for endorsement, or who was invited to present an opinion regarding the proposed resolution and report, has not, within 30 days of receiving the proposed resolution and report, refused to endorse these or presented an opinion or applied for extension of the time limit, the proposed resolution and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

(3) Based on the endorsements and opinions received, the necessary modifications are made to the proposed resolution on pre-selecting a location for the municipal designated spatial plan and the report concerning the first stage of strategic environmental assessment.

§ 106. Public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment

(1) The authority arranging creation of the municipal designated spatial plan arranges public display of the proposed resolution on pre-selecting a location for the plan and of the report concerning the first stage of strategic environmental assessment. The public display is held at least in the major population centre of each municipality situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement.

(2) During the time of public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment, everyone has a right to present opinions concerning the proposed resolution and report.

(3) The duration of the public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment is at least 30 days.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before the commencement of the public display. The notification states the time and place of the public display and the particulars required under subsection 6 of this section.

(5) The time and place of public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment are announced in a newspaper of nation-wide circulation, in the municipal newspaper of the municipality situated in the planning area or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district 14 days before the commencement of the public display. Where the municipality has no municipal newspaper or where announcement at least 14 days before public display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the public display. The announcement of the public display and public discussion is published on the website of the authority arranging creation of the plan.

(6) The announcement mentioned in subsection 5 of this section must:

1) state the purpose of creating the municipal designated spatial plan;

2) disclose the location of the planning area, including the boundaries of any alternative planning areas, and the size of the planning area;

3) state the purpose of use of the envisaged construction work and describe the related activity and the significant environmental impact likely to be produced.

(7) During the time the proposed resolution on pre-selecting a location for the municipal designated spatial plan and the report concerning the first stage of strategic environmental assessment are on public display, everyone is to have access, during the office hours of the authority arranging creation of the plan, to any material and information that is related to the proposed resolution and report.

(8) Within 30 days following the end of public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment, the authority arranging creation of the plan communicates to the persons who presented written opinions during the period of public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 107. Public discussion of the results of public display of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment

(1) A public discussion of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment is held within 45 days following the end of the public display. The discussion is held at least in the major population centre of the municipality situated in the planning area and, in the case of rural municipalities, in the main business centre of each major settlement.

(2) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of a public discussion of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

(3) At the public discussion, the authority arranging creation of the municipal designated spatial plan introduces to participants any written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in drawing up the proposed resolution on pre-selecting a location for the plan, for the activities and objectives related to the envisaged construction work, and responds to other questions regarding the proposed resolution and report.

(4) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the municipal designated spatial plan in a form reproducible in writing.

§ 108. Consideration of the results of public display and public discussion of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment

(1) Information concerning the results of public display and public discussion of the proposed resolution on pre-selecting a location for the municipal designated spatial plan and of the report concerning the first stage of strategic environmental assessment is published in one newspaper of nation-wide circulation, in the municipal newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the proposed resolution on pre-selecting a location for the municipal designated spatial plan and to the report concerning the first stage of strategic environmental assessment.

(3) If the modifications made based on the results of public display and public discussion alter the principal solution on pre-selecting a location for the municipal designated spatial plan or necessitate significant changes in the report concerning the first stage of its strategic environmental assessment, the proposed resolution and report are presented for endorsement anew to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of the proposed resolution and report.

§ 109. Approving the resolution on pre-selecting a location for the municipal designated spatial plan and the report concerning the first stage of strategic environmental assessment

(1) After the modifications mentioned in subsection 2 of § 108 of this Act have been made to the proposed resolution on pre-selecting a location for the municipal designated spatial plan and to the report concerning the first stage of strategic environmental assessment, the municipal council adopts a resolution by which it approves, or refuses to approve, the resolution and the report.

(2) By resolving to approve the pre-selection of a location, the municipal council certifies that the selected location is the most suitable for the building of the construction work envisaged in the municipal designated spatial plan and that the location of the construction work, the general conditions of its building, the pre-selection of its location, the resolution concerning the pre-selection and the report concerning the first stage of strategic environmental assessment are in conformity with relevant legislation and that the information contained in the report concerning the first stage of strategic environmental assessment is sufficient for making the choice between the different locations under consideration.

(3) Having regard to § 110 of this Act, the resolution that pre-selects a location may include a temporary ban on planning and building work in the planning area or part thereof.

(4) The persons and authorities mentioned in subsections 1 and 2 of § 99 of this Act are notified of the adoption of the resolution on pre-selecting a location within 30 days following its adoption. Within 14 days following adoption of the resolution, an announcement concerning its adoption is published in the Official Announcements and on the website of the municipality.

§ 110. Imposing a temporary ban on planning and building work when creating the detailed solution for the municipal designated spatial plan

(1) The authority arranging creation of the municipal designated spatial plan may impose, for the duration of the process of creating the detailed solution for the plan, a ban on planning and building work in the planning area or a part thereof if the detailed solution envisages alterations in the building rights originally granted in the planning area.

(2) During the temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:

1) the bringing into effect of comprehensive spatial plans or of detailed spatial plans;

2) the issuing of building permits for the building of construction works;

3) the issuing of design specifications;

4) changing the existing intended purpose of the cadastral unit.

(3) The temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

(4) The temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the filing of a building notice or the existence of a building permit is not required.

(5) The authority arranging creation of the municipal designated spatial plan notifies, by way of registered letter, the owner of any immovable property regarding which a temporary ban on planning and building work is to be imposed and, where necessary, the persons who may be affected by the ban, of its intention to impose the ban and of the reasons for the imposition at least 14 days before imposing the ban.

(6) The authority arranging creation of the municipal designated spatial plan imposes the temporary ban on planning and building work by an order and, within seven days following the imposition of the ban, notifies this by way of registered letter to the owner of any immovable property subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 111. Tasks to be fulfilled by the detailed solution for the municipal designated spatial plan

(1) When the resolution on pre-selecting a location has been approved, the detailed solution is created for the municipal designated spatial plan, which determines the building rights of the envisaged construction work and fulfils the relevant tasks listed in subsection 1 of § 126 of this Act. In assessing the relevance of the tasks, the purpose of the plan and the specific character of the construction work envisaged in the plan are taken into account.

(2) If, during the process of creating the detailed solution for the municipal designated spatial plan, it becomes known that the plan may entail the need to subject an immovable property or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging creation of the plan notifies this, by way of registered letter, to the owner of the property within seven days following the date on which the need to subject that property to acquisition in the public interest or to compulsory possession became known.

§ 112. Cooperation and invitation to participate in creating te detailed solution for the municipal designated spatial plan

(1) Creation of the detailed solution for the municipal designated spatial plan is carried out in cooperation with the authorities of the executive branch in whose area of government the issues addressed by the solution fall.

(2) Any persons whose rights a municipal designated spatial plan may affect, as well as any persons who have expressed an interest in being invited to participate in creating the detailed solution for such a plan, and persons and authorities who may have a legitimate interest in the implementation of the plan or in the significant environmental impact that may be presumed to result from its implementation, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are invited to participate in creating the detailed solution.

(3) Any person whose interests a municipal designated spatial plan may affect may be invited to participate in creating the detailed solution for the plan. If the authority arranging creation of the plan invites a person mentioned in this subsection to participate in creating the detailed solution, the provisions established in respect of the persons and authorities mentioned in subsection 2 of this section also apply to that person.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the municipal designated spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(5) During the process of creating the detailed solution for the local spatial plan, the solution is made public on the website of the municipality together with its significant annexes, above all surveys, endorsements, opinions and any other up-to-date information.

§ 116. Presenting the proposed detailed solution for the municipal designated spatial plan and the plan’s strategic environmental assessment report for endorsement and for opinions

(1) Once the results of the strategic environmental assessment report have been incorporated into the municipal designated spatial plan, the proposed detailed solution for the plan and its strategic environmental assessment report are presented for endorsement to the authorities mentioned in subsection 1 of § 112 of this Act; the persons and authorities mentioned in subsection 2 of § 112 of this Act are notified of the opportunity to present their opinion regarding the proposed detailed solution and report.

(2) If the authority or person to whom the proposed detailed solution for the municipal designated spatial plan and the plan’s strategic environmental assessment report was presented for endorsement, or who was invited to present an opinion regarding the proposed detailed solution and report, has not, within 30 days of receiving the proposed detailed solution and report, refused to endorse these or presented an opinion or applied for extension of the time limit, the proposed detailed solution and report are deemed to have been tacitly endorsed by the authority or person to whom they were presented for endorsement, or the authority or person who was invited to present an opinion is deemed to have declined to do so, unless otherwise provided by law.

(3) If the person or authority to whom the proposed detailed solution for the municipal designated spatial plan and the plan’s strategic environmental assessment report were presented for endorsement does not indicate that the proposed detailed solution or report is contrary to legislation or to the comprehensive spatial plan, the proposed detailed solution is deemed to have been endorsed. When deciding whether to endorse the proposed strategic environmental assessment report, appraisal is made of the conformity of the proposed report to legislation and of the sufficiency and objectivity of the assessments contained in the report.

§ 118. Public display of the municipal designated spatial plan

(1) Once the proposed detailed solution of the municipal designated spatial plan and its strategic environmental assessment report has been approved and, based on the opinions received, the necessary modifications have been made, the authority arranging creation of the plan arranges public display of the proposed solution and report.

(2) During the time of public display of the municipal designated spatial plan, everyone has a right to present opinions concerning the plan.

(3) The municipal designated spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons for the solution presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any endorsements and opinions received in accordance with subsection 1 of § 116 of this Act regarding the plan are also made public.

(4) The duration of public display of a municipal designated spatial plan is at least 30 days.

(5) The persons and authorities mentioned in subsections 1 and 2 of § 112 of this Act are notified of public display of the municipal designated spatial plan at least 14 days before the commencement of the public display. The notification states the time and place of the display and the particulars required under subsection 7 of this section.

(6) The time and place of public display of the municipal designated spatial plan are announced in one newspaper of nation-wide circulation, in the municipal newspaper of the municipality in whose territory the planning area is situated and in Official Announcements at the latest 14 days before commencement of the display. Where the municipality has no municipal newspaper or where announcement at least 14 days before the display is not possible because of the publication schedule of such a newspaper, the announcement is published in the newspaper of the county in whose territory the planning area is situated at the latest 14 days before the display. The announcement concerning public display is published on the website of the authority arranging creation of the plan.

(7) The announcement mentioned in subsection 5 of this section must:

1) disclose the location, including the boundaries, and size of the planning area;

2) briefly introduce the substance of the municipal designated spatial plan and any significant impact that may be presumed to result from implementation of the plan, as well as the consideration that the results of the strategic environmental assessment report received in creation of the plan;

3) state the major changes emanating from the plan in comparison with the existing situation.

(8) During the time a municipal designated spatial plan is on public display, everyone is to have access, during the office hours of the authority arranging creation of the plan, to any material and information that is related to the plan and that the authority has at its disposal.

(9) In a situation mentioned in subsection 3 of § 120 of this Act, when a repeat public display is arranged, opinions may be presented only with regard to modifications to a municipal designated spatial plan that seek to alter the plan’s principal solution and that have been made after the previous public display.

(10) Within 30 days following the end of the public display of the municipal designated spatial plan, the authority arranging creation of the plan communicates to any persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 119. Public discussion of the results of public display of the municipal designated spatial plan

(1) The authority arranging creation of the municipal designated spatial plan arranges a public discussion of the results of public display of the plan within 45 days following the end of the display. The public discussion is held at least:

1) in the main population centre of the rural municipality in whose territory the planning area is situated or in the main venue of the settlements located within the planning area;

2) in the main business centre of the urban municipality or the urban district in whose territory the planning area is situated.

(2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the municipal designated spatial plan during the time it was on public display or if all written opinions have been followed.

(3) The persons and authorities mentioned in subsections 1 and 2 of § 112 of this Act are notified of a public discussion of the municipal designated spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the discussion.

(4) At the public discussion, the authority arranging creation of the municipal designated spatial plan introduces to participants any written opinions received during public display and states its views regarding those opinions, presents its reasons for the solutions selected in creation of the plan, and responds to other questions regarding the plan.

(5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the municipal designated spatial plan in a form reproducible in writing.

§ 120. Consideration of the results of public display and public discussion of the municipal designated spatial plan

(1) If written opinions were presented during the public display of the municipal designated spatial plan, information concerning the results of public display and public discussion is published in one newspaper of nation-wide circulation, in the municipal newspaper of the municipality in whose territory the planning area is situated and in the Official Announcements within 30 days following the date on which the public discussion was held. Where the municipality has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

(2) Based on the results of public display and public discussion, the necessary modifications are made to the municipal designated spatial plan.

(3) If the modifications made based on the results of public display and public discussion alter the principal solution of the municipal designated spatial plan or necessitate significant changes in the strategic environmental assessment report, the plan and the report are presented for endorsement anew to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall, and the public display and public discussion are held anew, following the requirements established in this Act in respect of arranging the public display and public discussion of the plan and the report.

§ 121. Ratifying the municipal designated spatial plan

(1) The municipal designated spatial plan is presented for ratification to the Land and Spatial Planning Board. The opinions that were presented in writing during public display and that were not taken into account in creation of the plan are presented together with the plan and with a reasoned position, of the authority that arranged creation of the plan, concerning its refusal to take those opinions into account.

(2) Within 60 days following presentation of the municipal designated spatial plan, the Land and Spatial Planning Board ratifies the plan or refuses to ratify it. Where this is warranted by the circumstances, that time limit may be extended to 90 days.

(3) When deciding on the ratification of the municipal designated spatial plan, the Land and Spatial Planning Board:

1) verifies the conformity of the plan and the environmental assessment proceedings to the relevant legislation and to the relevant county-wide spatial plan;

3) where the plan includes a proposal to modify the county-wide spatial plan, grants or refuses their consent for the latter’s modification.

(3¹) Approval by the minister in charge of the policy sector constitutes a precondition for granting or refusing the consent mentioned in clause 3 of subsection 3 of this section.

(5) Where Land and Spatial Planning Board refuses to ratify the municipal designated spatial plan, they present to – the authority that arranged creation of the plan – their reasoned position concerning the reasons why ratification was refused, pointing out the requirements or circumstances mentioned in subsection 3 of this section that constitute the grounds for refusing to ratify the plan. Where this is warranted by the circumstances, the board may propose that the plan be brought into effect in part.

§ 122. Bringing the municipal designated spatial plan into effect

(1) The municipal designated spatial plan that has been ratified by the Land and Spatial Planning Board is brought into effect by a resolution of the municipal council.

(2) The bringing into effect of the municipal designated spatial plan suspends – in respect of the planning area – any previous municipal designated spatial plan or detailed spatial plan or part of such a plan that had been brought into effect. In the area covered by the spatial plan or plans whose effect has been suspended, the municipal designated spatial plan replaces such a plan or plans.

(3) The location of the construction work that is envisaged in the municipal designated spatial plan is incorporated into the previous comprehensive spatial plan that had been brought into effect within 30 days following the bringing into effect of the municipal designated spatial plan. When incorporating modifications in the previous spatial plan, a reference to the fact that a construction work that was envisaged in the designated spatial plan is located in the corresponding land area must be included in the comprehensive spatial plan or, where this is technically possible, the changes emanating from the designated spatial plan must be shown on the map of the comprehensive spatial plan and in its explanatory memorandum.

(4) The municipal designated spatial plan expires if its implementation has not commenced within five years following the bringing of the plan into effect.

(5) In order to bring the municipal designated spatial plan into conformity with legislation that has been amended or that has entered into force after the plan was brought into effect or with a judgment that has entered into effect after the bringing of the plan into effect, the authority that arranged creation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the bringing into effect of municipal designated spatial plans.

(6) A notice concerning the bringing into effect of the municipal designated spatial plan is published within 30 days following the bringing of the plan into effect in at least one newspaper of nation-wide circulation and in the municipal newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and the announcement concerning the bringing of the plan into effect is also published in the county newspaper within 30 days following its bringing into effect. Where the municipality has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following the bringing of the plan into effect. The notice is also published – within 14 days following bringing of the plan into effect – in the Official Announcements as well as on the website of the authority that arranged creation of the plan.

(7) The authority that arranged creation of the municipal designated spatial plan notifies the bringing into effect of the plan to to the Registrar of the National Land Cadastre within 14 days following the day on which the plan was brought into effect.

(7¹) The authority that arranged creation of the municipal designated spatial plan files the particulars mentioned in subsection 6 of §4¹ of this Act inrespect of the plan with the database of spatial plans within 14 days following incorporation of the amendments.

(8) When giving notification of the bringing into effect of the municipal designated spatial plan, a brief overview must be provided of the substance of the plan, including an overview of likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

(9) Within 14 days following bringing into effect of the municipal designated spatial plan, the authority that arranged creation of the plan notifies the bringing of the plan into effect to the persons and authorities mentioned in subsections 1 and 2 of § 99 and subsections 1 and 2 of § 112 of this Act. Notification is also made to owners whose immovable property or parts of whose immovable property need to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession, in order to implement the plan.

(10) Where the municipal designated spatial plan contains a proposal to modify the county-wide spatial plan and the Land and Spatial Planning Board has consented to the proposal, the modifications are incorporated into the county-wide spatial plan within 30 days following the bringing of the municipal designated spatial plan into effect. When incorporating the modifications in the county-wide spatial plan, a note must be appended to the plan stating the extent to which the plan has been modified or, where this is technically possible, the modifications must be shown on the map and in the plan’s explanatory memorandum.

(11) When incorporating modifications in the county-wide spatial plan under subsection 10 of this section, the authority that arranged creation of the plan files the amended particulars mentioned in subsection 6 of §4¹ of this Act with the database of spatial plans within 14 days following incorporation of the modifications.

§ 123. Contesting a municipal designated spatial plan

Anyone who finds that the decision by which the municipal designated spatial plan was brought into effect is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the bringin of the plan into effect.

§ 124. Detailed spatial plan and the authority to arrange its creation

(1) A detailed spatial plan is created for a part of the municipal territory and, where necessary, to plan construction works that have a permanent connection to the shore or that are functionally connected to the shore.

(2) The purpose of the detailed spatial plan is, above all, to implement the comprehensive spatial plan and to create an inclusive spatial solution for the planning area. The detailed spatial plan forms the basis for the building work to be conducted in the near future.

(2¹) Commencement of implementation of the detailed spatial plan is deemed to take place when, based on the detailed spatial plan that is in effect, land consolidation operations mentioned in clauses 1–5 of subsection 2 of § 2 of the Land Consolidation Act are completed. Where, under the plan that is in effect, such operations are not required, implementation of the plan is deemed to commence when, based on the detailed spatial plan that is in effect, a building permit within the meaning of the Building Code is issued.

(3) On the basis of the detailed spatial plan, restrictions may be imposed on immovable property.

(4) Where the detailed spatial plan exists or where its creation is mandatory, such a plan forms the basis for creating the corresponding building design documentation.

(5) Strategic environmental assessment is mandatory when creating the detailed spatial plan if the plan forms the basis for any of the activities listed in subsection 1 of § 6 of the Environmental Impact Assessment and Environmental Management System Act.

(6) When creating the detailed spatial plan mentioned in § 142 of this Act, as well as a plan of the same type that is mentioned in clause 4 of subsection 2 of § 33 of the Environmental Impact Assessment and Environmental Management System Act, a preliminary assessment must be made and strategic environmental assessment must be considered following the criteria provided by subsections 4 and 5 of § 33 of the latter Act and the views of the authorities relevant under subsection 6 of that section.

(7) In situations where strategic environmental assessment is mandatory when creating the detailed spatial plan, proceedings to create such a plan are conducted following the requirements established for proceedings concerning comprehensive spatial plans.

(8) Where a planning area contains a heritage conservation area, an immovable monument or the protection zone of such an area or monument, the special conditions of heritage conservation for the detailed spatial plan in such an area or zone are taken into account in the creation of that plan, having regard to the provisions of the Heritage Conservation Act.

(9) When creating the detailed spatial plan mentioned in subsection 7 of this section, cooperation and participation in spatial planning proceedings is subject to the provisions of § 127 of this Act.

(9¹) Where a detailed spatial plan is created for an area regarding which there is no comprehensive plan in effect, the creation of the detailed spatial plan is governed by the procedure prescribed for creation of comprehensive plans. Collaboration and participation are subject to the requirements prescribed regarding creation of detailed spatial plans.

(10) The authority to arrange creation of detailed spatial plans is the municipality.

§ 125. Obligation to create the detailed spatial plan

(1) The creation of detailed spatial plans is mandatory for areas located in cities in their capacity of settlements, in towns and small towns and in the public water bodies adjacent to such settlements in the following situations:

1) in order to erect a building subject to the building permit requirement;

2) in order to expand an existing building that is subject to the building permit requirement by more than 33 percent of its originally planned volume;

3) in order to erect civil engineering works of significant public interest that are subject to the building permit requirement such as stadiums, golf courses, singing stages, motorsport circuits, etc.

(1¹) Expanding an existing building by up to 33 per cent is allowed proportionally above and beneath the surface based on the initially envisaged volume of the building above and beneath the surface. Calculation of the volume of the building is based on particulars recorded in the Register of Construction Works.

(2) In addition to situations listed in subsection 1 of this section, the creation of a detailed spatial plan is also mandatory for areas designated, and in instances identified, in the comprehensive spatial plan as subject to that requirement, as well as in order to build a construction work that has a significant spatial impact.

(3) The municipal council may initiate creation of the detailed spatial plan for an area or in an instance that does not fall under subsections 1 and 2 of this section, provided the area or instance attracts significant public interest.

(4) Creating a detailed spatial plan is not required for the building of a temporary construction work as provided in the Building Code.

(5) In a situation where the obligation to create a detailed spatial plan applies, the municipality may, on the basis of design specifications, authorise the erection or expansion, on an item of immovable property located between or in the vicinity of an existing built-up area, of a building and construction works to service that building, provided that the comprehensive spatial plan has determined the general use and building conditions for the area in question and the erection or expansion of the building is not contrary to other conditions determined by the plan. Design specifications may also be issued in a situation where the plan does not state sufficient building conditions, yet the building – in terms of its volume and purpose – fits into the established environment of the area, having regard, in this connection, to the prevalent type of buildings in the area and the use and other conditions determined by the plan.

(6) In a situation provided for by subsection 5 of this section, the municipality determines the conditions mentioned in subsection 4 of § 26 of the Building Code.

§ 126. Tasks to be fulfilled by the detailed spatial plan

(1) The tasks to be fulfilled by the detailed spatial plan are:

1) to divide the planning area into plots;

2) to define the buildable area of the plots;

3) to determine the building rights in respect of the plots;

4) to determine the possible location of construction works needed for the functioning of the buildings and civil engineering works – including, for the purposes of the Law of Property Act, utility lines and utility civil engineering works as well as accesses to public roads – that are mandatory under the detailed spatial plan;

5) to determine the requirements concerning the building of the envisaged construction works;

6) to determine the requirements concerning the architectural solution and appearance of the envisaged construction works;

7) to determine the principles of traffic arrangements;

8) to determine the principles for planting vegetation and for streetside maintenance;

9) to determine the relevant clearances;

10) to ensure public access to shore or bank paths;

10¹) where no shore or bank path exists, to determine the least extensive required service area;

11) to establish conditions to reduce the risk of crime;

12) to establish the requirements to ensure observance of standard levels of noise, vibration, pollution risk and insolation, and other environmental parameters;

13) to determine the location of land improvement systems and the restrictions resulting from such systems;

14) to assign locally protected status to natural objects and determine the relevant protection zones;

15) to define built-up areas of cultural and environmental value, to assign the status ‘valuable’ to individual objects and to areas of arable land, and to determine the conditions for the protection and use of such areas and objects, provided such areas or objects have not been defined or assigned as valuable in the comprehensive spatial plan;

16) to reduce the building exclusion zone of shores and banks;

17) to state the need for the creation of servitudes and for the designation of existing or envisaged roads as public roads;

18) to designate areas and to determine instances in relation to which the holding of an architecture competition is required;

19) to state the need for the designation as ‘public-use area’ of existing or envisaged recreation areas situated on private property;

20) to state the need for acquisition in the public interest – including expropriation – or for compulsory possession, in order to fulfil the above-mentioned tasks;

21) where this is warranted by the circumstances, to establish requirements concerning construction works whose building is not subject to the requirement of creating a detailed spatial plan;

22) fulfil other functions in relation to the tasks listed in this subsection.

(2) Fulfilment of the tasks mentioned in clauses 1–5 of subsection 1 of this section is mandatory when creating a detailed spatial plan. When determining the location of construction works mentioned in clause 4 of subsection 1 of this section, it is also mandatory to fulfil the tasks set out in clauses 17 and 20 of subsection 1 of this section.

(3) The tasks to be fulfilled by the detailed spatial plan are decided on in accordance with the spatial needs of the municipality and the purpose of the plan.

(4) The building rights of the plot determine:

1) the intended purpose, or purposes, of use of the plot;

2) the maximum authorised number of buildings, or of civil engineering works of significant public interest, on the plot, or the absence of such buildings or civil engineering works;

3) the maximum ground projection area of buildings or of civil engineering works of significant public interest;

4) the maximum authorised height of buildings or of civil engineering works of significant public interest;

5) where relevant, the maximum authorised depth of buildings or of civil engineering works of significant public interest.

(5) The intended purpose of use of the plot defines the purpose for which the plot may be used after the detailed spatial plan has been brought into effect. On the basis of the plot’s intended purpose of use, the municipal executive determines the intended purpose of the cadastral unit and the purpose of use of any construction works on the plot. One plot may be assigned several intended purposes of use.

(6) Where a plot is defined by the detailed spatial plan, such definition serves as the basis for the creation of a cadastral unit.

(7) When envisaging to reduce the building exclusion zone mentioned in clause 16 of subsection 1 of this section, the authority arranging creation of the detailed spatial plan must, in a situation provided for by subsection 3 of § 40 of the Nature Conservation Act, ask the Environment Board to consent to the reduction.

§ 127. Cooperation and invitation to participate in creating the detailed spatial plan

(1) The detailed spatial plan is created in cooperation with the authorities of the executive branch in whose area of government the issues addressed by the plan fall.

(2) Any persons whose rights the detailed spatial plan may affect, as well as any persons who have expressed an interest in being invited to participate in creating such a plan are invited to participate in creating the plan. Where strategic environmental assessment is mandatory when creating the plan, persons and authorities who are likely to be affected by the significant environmental impact that may be presumed to result from implementation of the plan, or who may have a legitimate interest in such an impact, including, through an organisation that unites them, environmental non-governmental organisations, as well as any foundations and non-profit organisations representing the residents of the planning area, are also invited to participate in creation of the plan.

(3) Any person whose interests the detailed spatial plan may affect may be invited to participate in creating the plan. If the authority arranging creation of the plan invites a person mentioned in this subsection to participate in creation of the plan, the provisions established in respect of the persons and authorities mentioned in subsection 2 of this section also apply to that person.

(4) The persons and authorities mentioned in subsections 1–3 of this section notify to the authority arranging creation of the detailed spatial plan the method of communicating to them the notices required under this Act, and the requisite contact particulars. Where those persons or authorities do not make that notification, the arranging authority transmits the notices mentioned in this Act by post or electronically. Where a notice is transmitted by post, it may be served on the recipient by regular letter, by registered letter or by registered letter whose delivery is notified to the sender.

(4¹) In a situation where an immovable property has been divided into commonhold units, the notices provided for by this Act are deemed to have been transmitted to the owner of a unit also when they are transmitted to the commonhold association. On receiving such a notice, the Board of the association is required to transmit it to all unit owners.

(5) During the process of creating a detailed spatial plan, the plan is made public on the website of the authority arranging creation of the plan together with its significant annexes, above all surveys, endorsements, opinions and other up-to-date information.

§ 128. Initiating the creation of the detailed spatial plan

(1) Creation of the detailed spatial plan is initiated by the municipality.

(2) Initiating the creation of the detailed spatial plan is forgone above all where:

1) it is obvious that initiating the creation of such a plan is contrary to the comprehensive spatial plan;

2) it is evident that future implementation of the plan to be initiated is impossible, above all where the authority arranging creation of the plan lacks the means to bear the costs of constructing, according to the plan, the roads designated as public roads, together with the related civil engineering works, vegetation and street lighting, or the costs of constructing, according to the plan, the technical infrastructure that serves public interests, and the party interested in creation of the plan refuses to bear such costs;

3) this is dictated by other reasons based on overriding public interest;

4) the implementation of the plan would result in a disproportionate encroachment on a rights of a third party;

5) in the instances set out in subsection 5 of § 125 of this Act or

6) no funds are available in the budget of the authority arranging creation of the plan to bear the costs attaching to creation of the plan, to commissioning creation of the plan and to the assessment of its impact, and the party interested in creation of the plan does not bear such costs.

(3) Clause 1 of subsection 2 of this section does not apply when the detailed spatial plan is initiated on the grounds provided for by § 142 of this Act as a plan that modifies the comprehensive spatial plan.

(4) The decision on initiating or refusing to initiate creation of the detailed spatial plan is taken within 30 days following reception of the application to initiate creation of the plan. Where valid reasons are present, above all those emanating from the size of the planning area, the need to conduct surveys or investigations, from ascertainment of the facts prerequisite to the conclusion of the relevant administrative contract or a contract to assign the obligation to bear the costs connected to the commissioning of creation of the plan, or from the large number of the parties to be invited to participate or cooperate, the above-mentioned time limit may be extended to 90 days.

(5) The decision to initiate creation of the detailed spatial plan states:

1) the location, including the boundaries, and size of the planning area;

2) the need for creation of the plan;

3) the need for possible surveys and investigations;

4) the time and place for persons to acquaint themselves with the initiation decision.

(6) Initiating the creation of the detailed spatial plan is announced – within 30 days following the initiation – in the municipal newspaper or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district, as well as in the county newspaper or in the newspaper of nation-wide circulation that the municipality has selected for publication of its official announcements. Where announcement within 30 days is not possible because of the publication schedule of such a newspaper, the announcement is published in the municipal newspaper at the earliest opportunity, and is also published in the county newspaper within 30 days following initiation. If the municipality has no municipal newspaper, the announcement is published in the county newspaper of the county in whose territory the planning area is situated within 30 days following initiation.

(7) A notice concerning initiation of creation of the detailed spatial plan is published in the Official Announcements and on the website of the authority arranging creation of the plan within 14 days following initiation. The notice must include the particulars mentioned in subsection 5 of this section.

(8) The persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act are notified of initiating the creation of the detailed spatial plan within 30 days following the initiation.

(8¹) A decision not to initiate strategic environmental assessment of the detailed spatial plan mentioned in subsection 6 of § 124 and in subsection 6 of § 142 of this Act, and the reasons for such a decision, are notified following the requirements established in subsections 6–8 of this section.

(9) If it is known at the time of initiating the creation of the detailed spatial plan – or if it becomes known during the process of creating the plan – that the plan may entail the need to subject an immovable property or part thereof to acquisition in the public interest – including expropriation – or to compulsory possession, the authority arranging creation of the plan notifies the owner of the property of initiating the creation of the plan within seven days following the date on which the decision to initiate its creation was made or from the date on which the need to subject the property to acquisition in the public interest or to compulsory possession became known.

§ 129. Discontinuing the creation of the detailed spatial plan

(1) Creation of the detailed spatial plan may be discontinued if:

1) in the process of creating the plan, circumstances are revealed that render future implementation of the plan impossible, including where the relevant party refuses to conclude the administrative contract to assign the building of the construction works required under the plan;

2) the owner of the immovable property files an application seeking discontinuation of creation of the plan;

3) there is a material change in the purpose of creation of the plan during the creation process;

4) no funds are available in the budget of the authority arranging creation of the plan to bear the costs entailed by creation of the plan, by the commissioning of the plan’s creation and by the assessment of its impacts, and the party interested in creation of the plan does not bear such costs;

5) the interested has not, after having been reminded in writing of the fact on at least two occasions, within the set time limit provided the particulars required to continue the spatial planning proceedings;

6) the interested party has become bankrupt or been liquidated or

7) the interested party refuses, without a valid reason, to comply with the written requirement from the authority arranging creation of the plan, to amend or specify the planning solution due to conflict with the legislation in force or spatial plans in effect.

(2) Announcement and notification of discontinuing the creation of the detailed spatial plan and of the reasons for the discontinuation is made following the requirements established in subsections 6 and 8 of § 128 of this Act concerning announcement and notification of initiating the creation of such plans. Announcement of discontinuing the creation of such a plan and of the reasons for the discontinuation is also disseminated on the website of the authority that arranged creation of the plan within 14 days following the discontinuation.

§ 130. Administrative contracts with interested parties

(1) The authority that organises spatial planning work may conclude, with a party interested in the creation of the detailed spatial plan, an administrative contract to delegate to such a party the creation, or the commissioning of the creation, of the plan. The authority may not, by such a contract, delegate creation of the plan or the carrying out of any procedural operations required to create the plan.

(2) Subsection 1 of this section does not apply where:

1) no comprehensive spatial plan has been brought into effect in respect of the planning area;

2) the plan envisages to modify the comprehensive spatial plan that has been brought into effect;

3) the plan envisages modifications that are significant from the point of view of the general conditions concerning construction works in the corresponding urban area.

(3) Modification of the planning area indicated in the relevant application is allowed provided the authority that organises spatial planning work and the interested party agree on the modification. Where the authority arranging creation of the spatial plan modifies the subject matter of the application during planning proceedings, including, among other things, extending the planning area indicated in the original application, the interested party has a right to require that any additional costs to be borne in relation to creating – or to the commissioning of the creation of – the plan be shared proportionally between the arranging authority and the party.

(4) Where circumstances arise that prevent the interested party from performing the tasks stipulated in the administrative contract, the authority that organises spatial planning work is authorised to terminate the contract unilaterally on the grounds provided in the Administrative Cooperation Act. In such a case, the decision may be made to terminate creation of the detailed spatial plan.

(5) Where the authority that organises spatial planning work has concluded, with the party interested in the creation of the detailed spatial plan, an administrative contract to assign to that party the creation, or the commissioning of the creation, of such a plan, and where, in the course of creating the plan, facts become known that bring the matter within the scope of subsection 2 of this section, or indicate the need to modify the comprehensive spatial plan, the administrative contract must be terminated.

§ 131. Completing the construction of civil engineering works described in the detailed spatial plan

(1) The authority arranging creation of the detailed spatial plan is obligated, at its own expense, to complete the construction, according to the plan, of any public roads together with the related civil engineering works, vegetation, street lighting and technical infrastructure, unless the authority and the party interested in creation of the plan have agreed otherwise.

(2) The authority arranging creation of the detailed spatial plan may conclude, with a party interested in creation of the plan, an administrative contract by which the interested party assumes the obligation to complete the construction of any civil engineering works mentioned in subsection 1 of this section that are described in the plan and directly required in order to realise the planning solution – and that are functionally linked to that solution – or assumes the obligation to bear a part or the entirety of the costs connected to completion of the corresponding building work. The contract is made public on the website of the municipality.

(2¹) In order to ensure equal treatment of parties interested in the creation of detailed spatial plans and proportionality between the costs to be borne to complete civil engineering works and the substance of the plan, a municipality enacts rules to govern arrangements concerning completion of construction of the civil engineering works mentioned in subsection 2 of this section and the bearing of the costs related to the corresponding construction work, which determine, as a minimum:

1) the situations in which a party may be required to complete the construction of civil engineering works;

2) the situations in which a party may be required to bear the entirety of the costs related to the construction of civil engineering works and the situations in which they may be required to bear a part of those costs;

3) the rules and time limits for payment of the costs related to construction of the civil engineering works;

4) the rules for calculating the costs related to construction of the civil engineering works.

(3) The authority arranging creation of the detailed spatial plan must ensure that there is access from the planning area to a public road and that it is possible to use, in accordance with its intended purpose, other technical infrastructure that serves public interests. Where the planning area is situated in a district in which a public water supply and sewerage system is being developed, this includes ensuring a connection to that system.

(4) The carrying out of procedural operations required for the construction of the civil engineering works listed in subsection 1 of this section may not be delegated by administrative contract.

(5) In addition to the conditions mentioned in § 10 of the Administrative Cooperation Act, the authority arranging the creation of the detailed spatial plan and the interested party agree, in respect of the construction works listed in subsection 1 of this section:

1) the allocation, between the authority and the interested party, of the costs that attach to the corresponding building work;

2) sufficient guarantees to ensure the performance of the obligation that the interested party assumed in regard to the bearing of the costs;

3) the time limit for the completion of the civil engineering works;

4) the obligation to deliver the civil engineering works to the authority, the time limit for the performance of that obligation, and sufficient guarantees to ensure the performance of the obligation.

(6) By way of ancillary condition to the detailed spatial plan, the authority arranging creation of the plan may reserve to itself the right to repeal the plan or refuse to issue any building permits in the planning area if the interested party has not, within the defined time limits, performed the obligations that it assumed in accordance with subsection 2 of this section.

§ 132. Imposing a temporary ban on planning and building work when creating the detailed spatial plan

(1) The authority arranging creation of the detailed spatial plan may impose, for the duration of creation of the plan, a ban on planning and building work in the planning area or a part thereof if the plan envisages alterations in the building rights originally granted in that area.

(2) During the period of the temporary ban on planning and building work, the following may be prohibited in the planning area or a part thereof:

1) the bringing into effect of comprehensive spatial plans or of detailed spatial plans;

2) the issuing of building permits for the building of construction works;

3) the issuing of design specifications;

4) changing the existing intended purpose of the cadastral unit.

(3) The temporary ban on planning and building work may be imposed for up to two years. Where warranted by the circumstances, the ban may be extended up to four years.

(4) The temporary ban on planning and building work does not apply to building work for which a building permit has been issued or of which the authorities have been notified before the imposition of the ban, and to building work for which the filing of a building notice or the existence of a building permit is not required.

(5) The authority arranging creation of the detailed spatial plan notifies, by way of registered letter, the owner of any immovable property in respect of which a temporary ban on planning and building work is to be imposed and, where necessary, the persons who may be affected by the ban, of its intention to impose the ban and of the reasons for the imposition at least 14 days before imposing the ban.

(6) The authority arranging creation of the detailed spatial plan imposes the temporary ban on planning and building work by an order and, within seven days following imposition of the ban, notifies this by way of registered letter to the owner of any immovable property subject to the ban, in machine-readable format to the Registrar of the National Land Cadastre, and, where necessary, to any other persons who may be affected by the ban.

§ 133. Presenting the detailed spatial plan for endorsement and for opinions

(1) The detailed spatial plan is presented for endorsement to the persons and authorities mentioned in subsection 1 of § 127 of this Act; the persons and authorities mentioned in subsection 2 of § 127 of this Act are notified of the opportunity to present their opinion regarding the plan.

(2) If the authority or person to whom the detailed spatial plan was presented for endorsement or who was invited to present an opinion regarding such a plan has not, within 30 days of receiving the plan, refused to endorse it or presented an opinion or applied for extension of the time limit, the plan is deemed to have been tacitly endorsed by the authority or person to whom it was presented for endorsement, or the authority or person who was invited to present an opinion regarding the plan is deemed to have declined to do so, unless otherwise provided by law.

(3) If the person or authority to whom the detailed spatial plan was presented for endorsement does not indicate that the plan is contrary to legislation or to the comprehensive spatial plan, the plan is deemed to have been endorsed.

(4) The authority arranging creation of the detailed spatial plan presents, within 30 days following reception of opinions that persons and authorities have submitted under subsection 1 of this section, its views regarding the opinions. The views may also be issued as a collective reply.

§ 134. Approving the detailed spatial plan

When the detailed spatial plan has received the requisite endorsements, the authority arranging creation of the plan adopts the decision to approve the plan, thereby confirming that the plan is in conformity with the relevant legislation and with the spatial development objectives of the municipality.

§ 135. Public display of the detailed spatial plan

(1) The authority arranging creation of the detailed spatial plan arranges at least one public display of the plan. The display is held at least in the major population centre of the county in whose territory the planning area is located. When deciding whether to arrange an additional display, regard must be had first and foremost to the public interest, the extent of the planning area as well as any other circumstances that are material in the view of the authority arranging creation of the plan. The display is held at least in a suitable venue of the municipality in whose territory the planning area is situated.

(2) During the time of public display of the detailed spatial plan, everyone has a right to present opinions concerning the plan.

(3) The detailed spatial plan that is to be displayed to the public must clearly state the changes emanating from the plan, the weighed reasons of the solutions presented, the conditions of implementation of the plan and other facts explaining the plan. Together with the plan, any endorsements and opinions received in accordance with subsection 1 of § 133 of this Act regarding the plan are also made public.

(4) In order to provide a visual image of the envisaged environment and buildings, at least one three-dimensional illustration of the planning solution is presented at the public display as an annex to the detailed spatial plan.

(5) The duration of public display of the detailed spatial plan is at least 14 days. The duration of the display of a detailed spatial plan that modifies the comprehensive spatial plan and of a detailed spatial plan that is not based on the comprehensive spatial plan that has been brought into effect is at least 30 days.

(6) The persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act are notified of public display of the detailed spatial plan before commencement of the display. The notification states the time and place of the display and the particulars required under subsection 8 of this section.

(7) The time and place of public display of the detailed spatial plan are announced, before commencement of the display, in the municipal newspaper – or, in the case of urban municipalities divided into districts, in the district’s newspaper – as well as in the county newspaper or the newspaper of nation-wide circulation that the municipality has designated as the channel through which its official announcements are published. Where the municipality has no municipal newspaper or where announcement in the municipal newspaper before commencement of the display is not possible because of the newspaper’s publication schedule, the announcement is published before commencement of the display in the newspaper of the county in whose territory the planning area is situated. The announcement concerning the display is published on the website of the authority arranging creation of the plan.

(8) The announcement mentioned in subsection 7 of this section must:

1) disclose the location, including the boundaries, and size of the planning area;

2) briefly introduce the substance of the detailed spatial plan and any significant impact to result from implementation of the plan;

3) state the major changes emanating from the plan in comparison with the existing situation;

4) provide information concerning the nature of the activities and construction works envisaged by the plan, and concerning the significant land use and building conditions, and state whether the plan contains a proposal to modify the principal solution of the comprehensive spatial plan.

(9) During the time the detailed spatial plan is on public display, everyone is to have access, during the office hours of the municipal executive, to any material and information that is related to the plan and that the executive has at its disposal.

(10) Where a repeat public display is held in a situation mentioned in subsection 3 of § 137 of this Act, opinions may be presented only with regard to the modifications that have been made in the detailed spatial plan to alter its principal solution after the previous public display of the plan.

(11) Within 30 days following the end of public display of the detailed spatial plan, the authority arranging creation of the plan communicates to the persons who presented written opinions during the time of the public display its reasoned position concerning those opinions together with the time and place of the public discussion.

§ 136. Public discussion of the results of public display of the detailed spatial plan

(1) A public discussion of the results of public display of the comprehensive spatial plan is held within 45 days following the end of the display. The discussion is held at least in a suitable venue of the municipality in whose territory the planning area is situated.

(2) The holding of a public discussion is not mandatory if no written opinions were presented concerning the detailed spatial plan during the time it was on public display or if all written opinions have been followed.

(3) The persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act are notified of the public discussion of the detailed spatial plan at least 14 days before the commencement of the discussion. The notification states the time and place of the public discussion.

(4) At the public discussion, the authority arranging creation of the detailed spatial plan introduces to participants the written opinions received during the public display and states its views regarding those opinions, presents its reasons for the solutions selected in creation of the plan, and responds to other questions regarding the plan.

(5) Any person who presented a written opinion during the public discussion may withdraw that opinion by notifying the withdrawal to the authority arranging creation of the detailed spatial plan in a form reproducible in writing.

§ 137. Consideration of the results of public display and public discussion of the detailed spatial plan

(1) Based on the results of public display and public discussion, the necessary modifications are made to the detailed spatial plan.

(2) If written opinions were presented during public display of the detailed spatial plan, information concerning the results of public display and public discussion is published within 30 days following the holding of the public discussion in the municipal newspaper or, in the case of an urban municipality divided into districts, in the newspaper of the district, and in the county newspaper or the newspaper of nation-wide circulation that the municipality has selected for the publication of its official announcements. Where the municipality has no municipal newspaper or where the publishing of the information within 30 days is not possible because of the publication schedule of such a newspaper, the information is published within the stated time limit in the newspaper of the county in whose territory the planning area is situated.

(3) If any modifications made based on the results of public display and public discussion alter the principal solutions of the detailed spatial plan, the plan is presented anew for endorsement to the authorities of the executive branch in whose area of government the issues addressed by the modifications fall. The public display and public discussion are also held anew, following the requirements established in this Act for presenting the plan for endorsement and for arranging the public display and public discussion of the plan.

§ 138. Ratifying the detailed spatial plan

(1) The detailed spatial plan is presented for ratification to the Land and Spatial Planning Board. The opinions that were presented in writing during the public display and that were not taken into account in creation of the plan are filed together with the plan and with the reasoned position – of the authority that arranged creation of the plan – concerning its refusal to take those opinions into account.

(2) Subsection 1 of this section does not apply if the detailed spatial plan has been created in conformity with the comprehensive spatial plan.

(3) Within 60 days following presentation of the detailed spatial plan, the Land and Spatial Planning Board ratifies the plan or refuses to ratify it.

(4) When deciding on the ratification of the detailed spatial plan, the Land and Spatial Planning Board verifies conformity of the plan to relevant legislation.

(6) Where the Land and Spatial Planning Board refuses to ratify the detailed spatial plan, they present to the authority that arranged creation of the plan their reasoned position concerning the reasons why ratification was refused, pointing out the requirements or circumstances mentioned in subsection 4 of this section that constitute the grounds for refusing to ratify the plan. Where warranted by the circumstances, the board may propose that the plan be brought into effect in part.

§ 139. Bringing the detailed spatial plan into effect

(1) The detailed spatial plan is brought into effect by the municipality. Where the detailed spatial plan was created in a situation mentioned in subsection 2 of § 130 of this Act, the plan is brought into effect by the municipal council.

(2) The decision to bring the detailed spatial plan into effect or to refuse to do so is made at the latest when three years have elapsed from the filing of the application to initiate creation of the plan.

(3) A notice concerning the bringing into effect of the detailed spatial plan is published – within 30 days following the bringing of the plan in to effect – in the municipal newspaper of the municipality in whose territory the planning area is situated or, in the case of urban municipalities divided into districts, in the municipal newspaper of the district, and in the county newspaper or the newspaper of nation-wide circulation that the municipality has selected for the publication of its official announcements. Where notification within 30 days is not possible because of the publication schedule of such a newspaper, the notice is published in the municipal newspaper at the earliest opportunity, and – within 30 days following the bringing of the plan into effect – in the county newspaper. Where the municipality has no municipal newspaper, the notice is published in the newspaper of the county in whose territory the planning area is situated within 30 days following the bringing of the plan into effect. The notice is also published – within 14 days following the bringing of the plan into effect – in the Official Announcements as well as on the website of the authority that arranged creation of the plan.

(4) The authority that arranged creation of the detailed spatial plan notifies the bringing into effect of the plan to the Registrar of the National Land Cadastre within 14 days following the day on which the plan was brought into effect.

(4¹) The authority that arranged creation of the detailed spatial plan files the particulars mentioned in subsection 6 of §4¹ of this Act in respect of the plan that was brought into effect with the database of spatial plans within 14 days following the bringing into effect of the plan.

(5) When giving notification of the bringing into effect of the detailed spatial plan, a brief overview must be provided of the substance of the plan, including an overview of likely economic, social and cultural impact, and the impact on the natural environment, that may be presumed to result from implementation of the plan.

(6) Within 14 days following the bringing into effect of the detailed spatial plan, the authority that arranged creation of the plan notifies the bringing of the plan into effect to:

1) any persons who presented opinions during the public display of the plan and whose opinions were not taken into account when the plan was brought into effect;

2) any owners whose immovable property, or part of whose immovable property, needs to be subjected to acquisition in the public interest – including expropriation – or to compulsory possession, in order to implement the plan;

3) any owners of immovable property regarding which a temporary ban on planning and building work was imposed during creation of the plan;

4) the persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act.

(7) The detailed spatial plan is deprived of effect when its implementation has not commenced within ten years following the plan’s having been brought into effect. The municipality may, in situations where this is justified, extend the period during which the plan remains in effect once for up to five years.

(8) Extension of the period during which the detailed spatial plan remains in effect is performed as an administrative measure without conducting open proceedings. The extension is notified according to the requirements for notifications of bringing a detailed spatial plan into effect.

§ 139¹. Amendment of detailed spatial plans

(1) Detailed spatial plans may be amended in open proceedings by creating – based on the requirements prescribed by §§ 3–12, 130–131 and 139¹–139⁵ of this Act and on the principles of spatial planning – a detailed spatial plan to deal with the planning area or a part of that area, provided:

1) more than three years have elapsed since the current detailed spatial plan was brought into effect;

2) new material facts have come to light since the current detailed spatial plan was brought into effect or a material change has taken place in the planning area or in its impact areas, as a result of which it is no longer possible to fully implement the current plan, or

3) since the current detailed spatial plan was brought into effect, legislation or the comprehensive spatial plan has been amended or other spatial plans have been brought into effect that significantly impact the implementation of the current plan.

(2) A detailed spatial plan may be amended, in conformity with the comprehensive spatial plan, such that changing the detailed spatial plan’s integral spatial solution would not be material.

(3) Where strategic environmental assessment was required in order to create the current detailed spatial plan, the authority arranging creation of the detailed spatial plan to amend the current plan takes into account the results of that assessment.

(4) The authority arranging creation of a detailed spatial plan to amend the current detailed spatial plan is the municipality.

§ 139². Initiation of creation of detailed spatial plans to amend the current detailed spatial plan

(1) The decision to initiate or not to initiate creation a detailed spatial plan to amend the current detailed spatial plan is made within 60 days following receipt of the application to initiate creation of the amending plan.

(2) The decision not to initiate creation of a detailed spatial plan to amend the current detailed spatial plan is made:

1) on the grounds provided by subsection 2 of § 128 of this Act;

2) if the spatial planning solution is contrary to the results of strategic environmental assessment;

3) where the activity constitutes an activity entailing a significant environmental impact for the purposes of § 6 of the Environmental Impact Assessment and Environmental Management System Act or

4) where the municipality, based on the application or other circumstances, deems that a new integral solution is needed for the planning area.

(3) Where the municipality relies on the ground mentioned in clause 4 of subsection 2 of this section, subsection 7 of § 140 of this Act applies and the municipality decides on initiation or non-initiation of creation of the detailed spatial plan in accordance with § 128 of this Act.

§ 139³. Discontinuing the creation of a detailed spatial plan to amend the current detailed spatial plan

(1) The creation of a detailed spatial plan to amend the current detailed spatial plan may be discontinued on the grounds provided by subsection 1 of § 129 of this Act. The discontinuation and its reasons are announced and notified based on the requirements prescribed by subsections 6 and 8 of § 128 of this Act for announcements and notifications concerning initiation of creation of detailed spatial plans.

(2) The creation of a detailed spatial plan to amend the current detailed spatial plan is discontinued if, in the course of spatial planning proceedings, the circumstances mentioned in subsection 2 of § 139² of this Act come to light.

(3) The authority arranging creation of a detailed spatial plan to amend the current detailed spatial plan may, where the grounds for discontinuation mentioned in this section come to light, initiate – on the basis of an application by an interested party and within 30 days following receipt of the application – creation of a detailed spatial plan. When deciding on such initiation, the particulars of and operations in proceedings regarding the detailed spatial plan to amend the current detailed spatial plan are taken into account.

§ 139⁴. Presenting the detailed spatial plan for endorsement and for opinions

(1) The detailed spatial plan amending the current detailed spatial plan is presented for endorsement to the authorities mentioned in subsection 1 of § 127 ofthis Act and the persons and authorities mentioned in subsection 2 of § 127 are notified of the opportunity to express their opinion concerning the plan.

(2) If the authority or person to whom the detailed spatial plan was presented for endorsement or who was invited to express an opinion regarding the plan has not, within 30 days of receiving the plan, refused to endorse it or expressed an opinion or applied for extension of the time limit, the plan is deemed to have been tacitly endorsed by the authority to whom it was presented for endorsement, or the authority or person who was invited to express an opinion regarding the plan is deemed to have declined to do so, unless otherwise provided by a law.

(3) If the endorsement does not cite any contravention of legislation or of the comprehensive spatial plan, the detailed spatial plan is deemed to have been endorsed.

(4) The authority arranging creation of the detailed spatial plan to amend the current detailed spatial plan presents, to the persons and authorities who expressed an opinion under subsection 1 of this section, its views concerning the opinion within 30 days following its receipt. The views may be issued as a collective reply.

§ 139⁵. Bringing into effect a detailed spatial plan amending the current detailed spatial plan

(1) At the latest when one year has elapsed following the filing of the application to initiate creation of a detailed spatial plan to amend the current detailed spatial plan, the municipality brings the plan into effect.

(2) The announcement concerning the bringing into effect of a detailed spatial plan amending the current detailed spatial plan is published, within 30 days of bringing the plan into effect, in the newspaper of the municipality in whose territory the planning area is situated.

(3) The authority arranging creation of the plan notifies the keeper of the Land Cadastre of the bringing into effect of the plan within 14 days following the day on which it was brought into effect.

(4) The authority arranging creation of the plan files, with the Database of Spatial Plans and within 14 days following the bringing into effect of the plan, the particulars mentioned in subsection 6 of § 4¹ of this Act concerning the spatial plan that was brought into effect and the spatial plan that was amended.

§ 140. Repealing the detailed spatial plan

(1) The detailed spatial plan or any part of such a plan may be repealed when:

1) at least five years have elapsed from the bringing of the plan into effect, and its implementation has not commenced;

2) the authority that arranged creation of the plan, or the owner of the registered immovable that the plan deals with wishes to dispense with its implementation;

3) after the plan was brought into effect, circumstances have come to light that rule out implementation of the plan in the future.

(2) The detailed spatial plan may be repealed in part provided implementation of the overall solution of the plan is ensured after the plan is so repealed.

(3) The proposed decision to repeal the detailed spatial plan is presented for endorsement to the authorities mentioned in subsection 1 of § 127 of this Act and the persons and authorities mentioned in subsection 2 of § 127 of this Act are notified of the opportunity to present opinions concerning the decision.

(4) If the authority to whom the proposed decision to repeal the detailed spatial plan was presented for endorsement – or the person or authority who was invited to present an opinion regarding the proposed decision – has not, within 30 days of receiving the proposed decision, refused to endorse that decision or presented an opinion or applied for extension of the time limit, the proposed decision is deemed to have been tacitly endorsed by the authority to whom it was presented for endorsement, or the authority or person who was invited to present an opinion regarding the proposed decision is deemed to have declined to do so, unless otherwise provided by law.

(5) A partial repeal of the detailed spatial plan is notified to the persons and authorities mentioned in subsections 1 and 2 of § 127 of this Act, and newspaper announcements of such a repeal are published, following the requirements established in subsections 3 and 5 of § 139 of this Act.

(6) The detailed spatial plan is repealed by the municipality.

(7) In order to modify the detailed spatial plan, a new detailed spatial plan must be created in respect of the same planning area, following the requirements established in this Act concerning creation of detailed spatial plans.

(8) The bringing into effect of the new detailed spatial plan suspends, for its planning area, the previous detailed spatial plan that had been brought into effect for that area.

(9) In order to bring the detailed spatial plan into conformity with legislation that has been amended or that has entered into force after the bringing into effect of the plan or with a judgment that has entered into effect after the plan was brought into effect, the authority that arranged creation of the plan makes the corresponding modifications in the plan by means of an administrative operation, without conducting public proceedings. Announcement and notification of the making of the modifications is made following the requirements established for the announcement and notification of the bringing into effect of the detailed spatial plan.

(10) When incorporating modifications in a national designated spatial plan under subsection 9 of this section, the authority that arranged creation of the plan files the amended particulars mentioned in subsection 6 of §4¹ of this Act with the database of spatial plans within 14 days following incorporation of the modifications.

§ 141. Contesting the detailed spatial plan

Anyone who finds that the decision by which the detailed spatial plan was brought into effect is contrary to public interest or infringes their rights or interferes with their freedoms has a right to contest the decision in court within 30 days following the day on which they became or should have become aware of the bringing of the plan into effect.

§ 142. Detailed spatial plan that alters the comprehensive spatial plan

(1) Where this is warranted by the circumstances, the detailed spatial plan may include a proposal to alter the principal solutions of the comprehensive spatial plan that is in effect. Alteration, by the detailed spatial plan, of the principal solutions of the comprehensive spatial plan that is in effect occurs when:

1) the principal purpose of land use determined by the comprehensive spatial plan is extensively modified;

2) the height limit of buildings as determined in the comprehensive spatial plan is exceeded, the minimum size of the plot reduced, the areas and instances in which creation of a detailed spatial plan is mandatory are modified;

3) other modifications of the comprehensive spatial plan are made that the municipality considers significant or extensive.

(2) Creating a detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive spatial plan is subject to the procedure governing creation of comprehensive spatial plans. Cooperation and invitation to participate in creating the plan are subject to the requirements established for creation of detailed spatial plans.

(3) Where strategic environmental assessment is mandatory when creating a detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive spatial plan, the proceedings required to create such a plan are subject to the requirements established for proceedings concerning comprehensive spatial plans.

(4) The Land and Spatial Planning Board may designate, in addition to those named in the initial position, other persons and authorities in cooperation with whom the detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive spatial plan is to be created or who are to be invited to participate in creating the comprehensive spatial plan.

(5) For detailed spatial plans that include a proposal to alter the comprehensive spatial plan, the requirements set out in § 90 of this Act apply.

(6) When creating the detailed spatial plan that includes a proposal to alter the principal solutions of the comprehensive spatial plan, a preliminary assessment must be made and strategic environmental assessment must be considered following the criteria established in subsections 4 and 5 of § 33 of the Environmental Impact Assessment and Environmental Management System Act and the positions of the authorities relevant under subsection 6 of that section.

(7) Where the detailed spatial plan includes a proposal to alter the principal solutions of the comprehensive spatial plan that is in effect, the documents that make up the detailed spatial plan must include a proposal to modify the relevant part of the text and the drawings of the comprehensive spatial plan.

(8) Where the detailed spatial plan includes a proposal to alter the principal solutions of the comprehensive spatial plan that is in effect, the municipality incorporates the corresponding modifications into the comprehensive spatial plan within 30 days following the bringing into effect of the detailed spatial plan.

(9) When incorporating modifications in the comprehensive spatial plan under subsection 8 of this section, the authority that arranged creation of the plan files the amended particulars mentioned in subsection 6 of § 4¹ of this Act with the database of spatial plans within 14 days following incorporation of the modifications.

§ 143. Entry into force of this Act

This Act enters into force at the time provided in the Act to Implement the Building Code and the Planning Act.