Briefly – yes, but under certain conditions, to be reviewed in detail in this article.
Expropriation
Generally, land plots designated for local gardens and landscaping are public municipal property and the parts of properties owned by individuals and legal entities falling within the borders of these plots are subject to mandatory expropriation. The owner is entitled to receive compensation for the expropriation.
Expropriation, according to the Spatial Planning Act (the SDA), is carried out according to the detailed development plans (DDP) in force. Expropriation itself is possible if the DDP designates the property for public use landscaping and intends it for expropriation. Under the laws applicable, expropriation should be carried out within 15 years as of entry into force of the DDP. However, as of October 15th, 2020 the Constitutional Court this term was declared unconstitutional and does not apply. Ever since then new regulation has not been adopted.
Expropriation is not carried out if the DDP provides for construction or deployment of:
- open sites for sports or cultural activities;
- playgrounds;
- movable objects;
- monumental-decorative, informational and advertising objects.
Intended Use Change
According to the SDA, the allocation of properties designated for greenspaces which has not been carried out cannot be changed. As an exception, the allocation of parts of land plots designated for construction of technical infrastructure elements or for construction of special defence and national security sites may be changed.
The legal possibilities for allocation changes are:
- upon a request of the land owner, if there is a DDP in force and the expropriation period has expired;
- regarding greenspaces that have not been carried out – with a new general or a DDP of the whole settlement;
- after a public discussion of the general development plan and explicit permit from the Municipal Council.
Construction Options
Construction in private land plots allocated for landscaping should be provided for in the DDP.
The construction allowable under the SDA includes:
- networks and facilities of the technical infrastructure which serve the plot;
- maintaining the green system;
- open sites for sports or cultural activities;
- playgrounds;
- movable objects.
Such sites cannot cover an area of more than 10 % of the property area – therefore, within a plot with total area up to 1000 m2 these sites can be up to 9 m2.
For the placement of such site, a placement permit should be issued on the basis of a scheme and project documentation approved by the municipal chief architect.
- monumental-decorative, informational and advertising objects;
- memorial sites and objects.
Construction without Allocation Change
No allocation change is needed for placement of the following objects in public greenspaces:
- networks and facilities of the technical infrastructure which serve and maintain greenspaces;
- movable commercial sites.
The total area of such sites may occupy a maximum of 1 % of the territory of parks with an area of over 3 hectares, but not more than 2 % of the territory of parks and gardens with an area of up to 3 hectares.
- open sports, cultural and entertainment sites (concert stages, summer amphitheaters, attractions, exhibition areas and sports facilities), with a maximum area of 10 % of the park (garden);
- children’s playgrounds;
- memorial sites;
- monumental-decorative, informational and advertising objects.
It is possible to build auxiliary and service buildings in addition to some of these sites, if required by law and if the operation of the sites is not possible without them.
The construction and placement of the sites above is permissible if:
- provided for in the current DDP of the park (garden), in technical infrastructure plan-schemes or in plan-schemes under the SDA;
- the ecological, recreational and aesthetic qualities of greenspaces are not violated;
- the necessary number parking spaces are designated in the closely adjacent areas of the park (garden).
It is possible that a DDP regulates private land plots – within the borders of public greenspaces. In such properties placement of movable objects, open objects for sports and cultural entertainment, playgrounds, monumental-decorative, informational and advertising elements may be provided for. In such cases, the landscaping area in regulated land plots cannot be less than 40 % – this way construction opportunities are wider.