Spatial Planning Defence – Construction Next to Your Property

An investor wants to build next to your block? The court said: no. "Petranov, Nedkov & Partners" Law Firm defends owners whose quality of life is threatened by new construction and changes to development plans.

What happened

The mayor approved a change to the development plan for two properties in the neighbourhood where our clients live. The plan provided for merging the properties and erecting a new residential-commercial building right next to a tall residential block.

Why the court cancelled the order

The municipality breached the law for three separate reasons:

• it did not seek the mandatory consent of all affected owners;
• it changed the street regulation without the permission of the Municipal Council;
• it approved a project with internal contradictions between its parts.

In plain terms: before a plan is changed, the affected people must be asked. This was not done. In addition, the street part of the project was incorrect – something that should have been noticed much earlier.

What this means for you

If the municipality is planning construction next to your block or property and has not notified you, you have the right to defend yourself. Changes to development plans directly affect your quality of life:

• distances to the building;
• green areas;
• parking;
• access to light.

How we help

1. Review of the plan and the order – we establish whether you are an affected party and what the defects are.
2. Checking the procedure – whether owners' consent was sought and the competence of the authorities was observed.
3. Filing objections and an appeal – within the statutory deadline, before the competent authority and court.
4. Representation before the Administrative Court – until the unlawful order is cancelled.