Land gardens, which for many Poles constitute an oasis of peace, can be threatened. The gap in the provisions of the 2013 household Land Gardens (ROD) Act is worrying, and landowners are increasingly entering into disputes with plotters. Existing government does not always sufficiently defend the interests of both parties, which may lead to conflicts. Experts inform that changes in spatial planning plans may affect the future of land-based gardens in Poland.
The gap in the government on ROD – what does that mean for owners and parcel owners?
The 2013 ROD Act, although intended to regulate issues related to the usage of game gardens, contains crucial gaps. According to Andrzej Prajsnar, the analyst of the portal primary market.pl, the owner of the site has the right to request the liquidation of the land garden, if the spatial planning plan provides for another intent of this area. The problem arises erstwhile a garden association, liable for managing the ROD, ignores the owner's calls for the conclusion of a contract for the liquidation of gardens.
This puts land owners in a hard position as the rules do not find what to do if the association does not respond to the call. This gap can be utilized by parties wishing to hold the process of decommissioning the gardens, resulting in additional tensions.
Amendment of the Spatial Planning Act and liquidation of game gardens
The revised Spatial Planning and Planning Act, aimed at combating the alleged "patodevelopera", raises peculiar concerns for plotters. These provisions may be the basis for the compulsory liquidation of many game gardens if the local zoning plan (MPZP) provides for a different kind of investment on the site of the current Rods.
According to the expert, in the case of the acquisition of the right to land, the owner may liquidate the game for public purposes only. The plotters must then receive a fresh location for the gardens and financial compensation. Moreover, 2 thirds of the plots must agree to the settlement.
General plan of the municipality by 2025 – what does this mean for the future of the Rods?
According to the fresh regulations, by the end of 2025 the municipalities must pass the alleged general plans, which will replace the current spatial planning studies. The local spatial planning plans are of key importance for the plotters, which will specify future conditions for the construction and improvement of the site. If the MPZP provides for a different usage of the ROD site, this can open the way for the liquidation of gardens.
What's next on the landyards?
The current situation calls for changes in government that would clearly address gaps in the government on Rods. The legislator must take action to safeguard the interests of both plotters and landowners. The next fewer years will be crucial, as the forthcoming deadline for the adoption of general plans by municipalities may find the future of many game gardens in Poland.
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