Wybrane instrumenty ekonomiczne ustawy o planowaniu i zagospodarowaniu przestrzennym

The principle of municipal planning independence has various consequences. One of the most important, from a practical point of view, are the economic consequences presented in the article, related either to a decrease or increase in the value of real estate that is covered by the adopted or modified local development plan. As a consequence of introducing the discussed legal instruments into the legal system, the commune, as a local government unit, incurs or obtains economic benefits related to the adopted planning regulations. From a procedural point of view, these receivables are of different nature. In the case of planning compensation due to the owner of a property caused by a reduction in its value, its civil law nature is noticeable. This fact is confirmed in particular by the procedure for pursuing a claim by the entitled person by filing a lawsuit in a common court. On the other hand, the planning fee related to the increase in the value of the property, following the adoption of a planning resolution by the Commune Council, should be considered a benefit of a public law nature, falling within the jurisdiction of the administrative courts. This fee is collected by the commune in the event of substantive legal conditions specified in the Spatial Planning and Development Act. The indicated legal solutions should be considered an important element of the legal order. There is no doubt that the actions of the commune, undertaken within the limits of the statutory authorization and relating to determining the method of real estate development, have a significant impact on the value of the real estate.