The issue of zoning fees – case study in Kraków
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Uniwersytet Rolniczy w Krakowie
Katedra Geodezji Rolnej, Katastru i Fotogrametrii, Poland
Publication date: 2016-12-31
Geomatics, Landmanagement and Landscape 2016;(4)
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ABSTRACT
When a municipal council enacts local spatial development plan or its changes, the result may be
an increase in real property value. And if such property is sold by an owner or its perpetual usufructuary in five years since the zoning plan or its changes are in force, a head of the commune or
a city mayor are obliged to levy the so-called zoning fees. It is a one-time payment related to increase in real estate value due to resolution or change of local development plan, determined by
the provisions of the Spatial Planning and Development Act of 27 March 2003. This study aims
at presenting theoretical and practical aspects concerning zoning fees. The proceedings carried
out in Kraków with regard to real properties under two local development plans: Opatkowice
West and Opatkowice East have been analysed. Moreover, the article examines the impact of
the amendment to the Spatial Planning and Development Act adopted on 10 August 2011, to
embrace the judgement of the Constitutional Tribunal of 9 February 2010, file no. P 58/08. The
analyses are based on data acquired from The Geodesy Department of the Kraków City Office.