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Planning and environmental issues

Planning

Which government authorities regulate planning and zoning for real estate development and use in your jurisdiction and what is the extent of their powers?

Within each administrative district, the district administration or individual municipalities (for properties inside their boundaries) are responsible for issuing building permits. The Town Planning and Housing Department, part of the Ministry of Interior, sets the overall development framework and issues town planning permits, which are required to obtain building permits.

What are the eligibility, procedural and documentary requirements to obtain planning permission?

Only the registered owner can apply for a planning permit and must submit the architectural study and drawing for the proposed development.

Can planning decisions be appealed? If so, what is the appeal procedure?

Yes, decisions can be appealed through judicial review. This procedure must be initiated within 75 days of the date on which the decision was communicated to the interested party.

What are the consequences of failure to comply with planning decisions or regulations?

Non-compliance with planning decisions is a criminal offence. In addition, the planning authority may seek a demolition order.

What regime governs the protection and development of historic and cultural buildings?

The Listed Buildings Law 2002 governs the protection and development of historic and cultural buildings.

Government expropriation

What regime applies to government expropriation of real estate?

This is governed by the Compulsory Acquisition Law 1962.

What is the required notice period for expropriation and how is compensation calculated?

The notice is published in the Official Gazette and served by registered post on the owner. Compensation is calculated based on the market value of the property at the time that the property is compulsory acquired. In the event of dispute, the owner can apply for judicial review.

Environmental issues

What environmental certifications are required for the development of real estate and how are they obtained?

Certificates of Energy Efficiency are required for new buildings. They are issued by the Ministry of Energy, Industry, Commerce and Tourism.

What environmental disclosure obligations apply to real estate sales?

There is a general obligation of full disclosure of all relevant matters, but nothing specifically relating to environmental matters.

What rules and procedures govern environmental clean-up of property? Which parties are responsible for clean-up and what is the extent of their liability?

The owner is liable for the clean-up of its own property. If the owner fails to take any necessary action, the local authority will undertake the cleaning and charge the owner with the relevant costs.

Are there any regulations or incentive schemes in place to promote energy efficiency and emissions reductions in buildings?

Incentive schemes are available for installation of solar panels and insulation.

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