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Is it possible to build on agricultural land without changing

its use?

The conditions for construction of agricultural land are


described in Regulation 2 for construction of agricultural land
under the Law on ownership and use of agricultural land when its
use is not changed. In such cases, it is permitted to construct
buildings related to the use the land, as follows:
1. For property with size up to 10 acres - one farm building
with built-up area of 35 sq. m for storage of agricultural
production and inventory, including living space, which have no
permanent status and are not to be paid upon expropriation and
consolidation of the land ;
2. For property with size larger than 10 dka: farm
buildings, structures and facilities for storage of plant and
animal production and residential buildings for occupancy by
households of the owners of the land and/or persons who produce
agricultural products from the agricultural land.
There are many restrictions which prevent building on
agricultural land, for example, if agricultural land falls
within areas with limited construction in the industrial, resort
and villa areas defined by the construction and regulatory plan
or ring polygon, etc.
Building on agricultural land with size up to 10 dka is allowed
based on a sketch where the main architect of the municipality
marks the location of the intended building; for land larger
than 10 dka the architect has to mark the location of the
building ground as well. The size of the sketch should not be
less than 1: 500 with sufficient range to determine whether the
intended building fits the environment.
Building on agricultural land with size more than 10 dka is
based on planning permission in accordance with the structural
plans. When there are no plans, the building decisions are
accompanied by justifications for socio-economic, technical and
environmental acceptability of the proposed construction. The
building decisions are made by qualified designers on geodetic
surveyor-scale basis not less than 1: 2000.
Besides the project decision for location of buildings in the
yard for construction, the owner needs to present separate plan
for the existing buildings and facilities in the neighboring
properties.
The dimensions of the construction shall be determined taking
into account the following:
1. the wish of the owner of the land;
2. location and size of the property in the land and access
from dirt and other roads;
3. restrictions on the use of agricultural land described in
the documents for the restoration of ownership;
4. building traditions in the area;
5. specific climate, soil, water, sanitary protection,
landscape and environmental conditions for the territory;
6. opportunities for more compact construction through
deployment neighborhood or grouping of buildings - in the
notarized consent of the owners of adjacent properties;
7. opportunities for power, communication and transport
services, drinking water and water for agricultural production,
disposal, treatment and discharge of waste water.
The size of the building ground could be up to 10% from the size
of the land owned by a person or company.
The built-up area of buildings (farm and residential buildings,
structures and facilities) cannot be more than 15 % of the area
of the building ground.
Buildings on agricultural land larger than 10 dka are designed
according to high-tech functional requirements; not more than
two floors. For plots smaller than 10 dka the height of the
construction is 3 meters to the eaves.

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