Open AccessZoning fee in connection with an increase in the value of real property. Selected problems
Author(s) -
Bogusława Dobkowska
Publication year - 2021
Publication title -
nieruchomości
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0015.2479
Subject(s) - zoning , obligation , property (philosophy) , value (mathematics) , jurisprudence , human settlement , real property , law and economics , business , law , economics , political science , geography , computer science , philosophy , archaeology , epistemology , machine learning
An increase in the value of real property triggers, in some circumstances, the obligation on the part of the ownership title holder or perpetual usufructuary to pay a public levy to the commune. The issues of such mutual settlements between the owner of the real property and the commune arising from a change in the value of the real property have been regulated in the Act of 27 March 2003 on Spatial Planning and Development. Those fees include, among others, the so-called zoning fee which is discussed in this article. The analysis is based on views expressed by legal scholars in their writings, applicable legal acts and jurisprudence of administrative courts in this regard. The zoning fee and the legal issues related to its determination which raise the greatest doubts will be examined.