TONY EKSKLUZIVNE VILE - DalCasa

(P2) based on standards that are determinedby the agriculture minister.These standards are actually yet tobe determined, so the issue of compensationfor these types of parcels isresolved with the same set of rules asfor all other less valuable agriculturalparcels.As was previously stated, particularlyvaluable (P1) and valuable (P2) agriculturalparcels cannot be reappliedfor construction purposes, unlessin exceptional cases. Such reapplicationwill be made possible in theabsence of an agricultural parcelof lesser value, in situations of establishedinterest for the constructionof the object outside of the constructionarea, and in the situation of constructingeconomic buildings that areexclusively designed for agriculturalpurposes and the processing of agriculturalproducts.The Height of Compensation for theReapplying ProcessBased on the fi nal ruling that allowsconstruction on an agricultural parcel,an immediate compensation isgenerally paid. That compensationis paid because of the deduction ofvalue and overall surface of agriculturalparcels as units of interest for theRepublic of Croatia.The compensation ruling is deliveredby the authorized county departmentor the agricultural departmentof the City of Zagreb. The height ofcompensation for the reapplyingprocess is determined according tothe surface of the residential or otherconstruction unit, as well as on theinformation from the IRS regardingthe parcels’ average prices in that orneighbouring cadastre districts in theprevious calendar year.For all agricultural parcels that arelocated within the construction area,the height of compensation for thereapplying process is equal to 1%of the parcel’s average price. For aparticularly valuable (P1) or valuable(P2) agricultural parcel that is locatedwithin the construction area, thecompensation amounts to 5% of theparcel’s average price.For all agricultural parcels that werelocated outside of the constructionarea on January 1st 2009, but havebeen included in the constructionarea after the changes in the physicalplan, the compensation for thereapplying process amounts to 50%from the parcel’s average price withinthe construction area. If such acase involves a particularly valuable(P1) or valuable (P2) agricultural parcel,the compensation for the reapplyingprocess is equal to the parcel’saverage price within the constructionarea.Seventy percent of this compensationgoes to the government budget,and can be used exclusively for fi nancingexpenses of agricultural parcels’concentration that is performed bythe Agency for Agricultural Parcels.The remaining thirty percent goes tothe local budget of the county (or theCity of Zagreb) that includes the parcelin question. These funds are usedfor programmes and measures thatattempt to work on infertile parcelsand increasing the cultivating capacitiesof other agricultural parcels, inaccordance to a special statute thatprescribes conditions and methodsfor using compensation funds fromthe processes of reapplying agriculturalparcels.Professional associate Tana Patents d.o.o.Romana Matanovac VučkovićExceptions from the Obligation ofPaying the Compensation for the ReapplyingProcessThe Law on Agricultural Parcels determinesspecial exceptions wherethe investor is not obligated to paythe compensation for the process ofreapplying an agricultural parcel forconstruction purposes. The ruling onthe exception from paying this compensationis delivered by the countyeconomy department, or the agriculturaldepartment of the City ofZagreb.The obligation of paying the compensationfor the reapplying processwill not be enforced on entitiesthat construct buildings for fl oodingprotection, as well as watering ordraining systems and other waterbuildings. This obligation will also notbe enforced on entities constructingbuildings for protection and rescuing,as well as for buildings that serve forground preservation.This compensation will also not bepaid in cases of building objects andelements of municipal infrastructure,objects of traffi c infrastructure, orbuildings of public infrastructure. Entitiesthat build economic objects forexclusive agricultural purposes andfor processing agricultural productswill also not be obligated to pay thiscompensation.A special regulation also states thatCroatian war soldiers, as well as familiesof killed, imprisoned or disappearedCroatian war soldiers are not obligatedto pay the compensation forreapplying an agricultural parcel forconstruction purposes, unless specialregulations implemented their rightto residential housing. Furthermore,the compensation isn’t paid in casesof constructing public buildings on locationsthat were demolished duringthe war, as well as in cases of apartmentsand houses for the casualtiesof the War of Independence.Investors in buildings of up to 400 m2of gross surface are also not obligatedto pay this compensation ifthey’re building within the constructionarea, as well as investors in residentialobjects of government housingprogrammes.And fi nally, the compensation for theprocess of reapplying agriculturalparcels will not be paid in cases ofthe construction of golf courses thatserve no other function.