TONY EKSKLUZIVNE VILE - DalCasa

dc LAW ONTHE PROPERTYReapplying Agricultural Parcelsfor Construction PurposesAgricultural parcels are units ofhigh interest for Republic ofCroatia, and they possess thegovernment’s special protection. Forthat reason, ways of disposing andusing agricultural parcels are fairlylimited. At the same time, owners ofagricultural parcels have special obligationsin terms of maintaining andprotecting such a parcel. Ways ofreapplying agricultural parcels for otherpurposes are also limited. In orderto change the function of an agriculturalparcel, specifi c regulationsfrom the Law on Agricultural Parcels(NN 152/08), which became valid onJanuary 1st 2009, must be honoured.This law is much stricter in terms of reapplyingoptions than some earlierregulations. That particularly relatesto the price of the reapplying processof a parcel that wasn’t located withinthe construction area on January1st 2009, but has been included afterthe changes in physical planning.Physical PlanningThe process of reapplying agriculturalparcels for other purposes, particularlyfor construction purposes, takesplace in accordance with physicalplanningdocuments and other regulations.The primary physical-planning documentsinclude several governmentleveldocuments, such as the Strategyof Physical Planning, and the Programmeof Physical Planning in Republicof Croatia. The goals, measures andactivities that are established in thesedocuments determine physical plansfor counties, the City of Zagreb, largecities, towns and districts. Physicalplanning is also produced for areaswith special statuses. During the processof creating a physical plan, professionalaffairs are conducted bygovernment departments in countyoffi ces or the Zagreb Agriculture Department,as well as the Agency ofAgricultural Parcels. This agency wasstarted in March 2009, based on theLaw on Agricultural Parcels. The processesof constructing physical plansalso include the Ministry of Agriculture.It provides its judgement on theproposed physical plans by countiesand the City of Zagreb, as well as itsconsent on the fi nal version of the136proposal for physical plans of largecities, towns and districts.The primary regulation in the fi eld ofphysical planning is the Law on PhysicalPlanning and Construction (NN76/07, 38/09). It precisely determinesthe term of a parcel within and outsideof the construction area. Thatmeans that a construction parcelcan be located within an area thatthe physical plan defi nes as constructionarea, or outside of it. Thefact of the agricultural parcel’s locationwill determine the height of theprice and other circumstances of thereapplying process. To go throughwith the reapplying of an agriculturalparcel that is located outside of theconstruction area, it is imperative tomake changes to the physical plan.According to the Law on Physical Planningand Construction, every spatialprocedure must be performed inaccordance with physical-planningdocuments, special regulations andthe location license. The Ministry ofAgriculture determines special circumstancesin the process of obtainingthe location license and certificates for performing construction inan area that isn’t deemed for constructionpurposes. Those circumstancesare established by the Ministry inaccordance to the Law on PhysicalPlanning and Construction, as wellas other regulations from that fi eld ofwork.Reapplying agricultural parcels forconstruction purposes is performed inaccordance with the previously statedregulations and documents andbased on the fi nal ruling that approvesthe construction process, with thecondition of paying immediate compensationfor the reapplying process,the height of which is separatelydetermined.Constructing sporting arenas andobjects in accordance with specifi claws is also considered reapplyingagricultural parcels for constructionpurposes.Reapplying Valuable AgriculturalParcels Is only Exceptionally AllowedThe Law on Agricultural Parcels statesthat that the particularly valuablearable agricultural parcels (P1)and the valuable arable agriculturalparcels (P2) cannot be used fornon-agricultural purposes, other thansome exceptional cases.The particularly valuable arable agriculturalparcel (P1) is the parcel ofhighest quality for agricultural cultivationbecause it allows the most efficient application of agricultural technologywith its shape, position andsize. The valuable arable agriculturalparcel (P2) is a parcel suitable foragricultural cultivation, considering itsnatural characteristics, shape, positionand size. The Ministry of Agricultureestablishes parcels that are deemedparticularly valuable (P1) or valuable