Planning
Who prepares a detailed spatial plan and who is responsible for it?
A detailed spatial plan is prepared by a planner with relevant higher education and sufficient professional experience, or an appropriate professional qualification, taking into account the type and purpose of the plan. The local municipality organises the planning procedure and is responsible for cooperation, public involvement, and the spatial planning decisions required by law. The interested party may commission or finance the preparation of the plan by agreement, but cannot simply assume the municipality’s statutory procedural responsibilities.
Preparing a detailed spatial plan involves much more than producing drawings. It is a process that requires careful consideration of land use, building placement, access routes, infrastructure, and the surrounding living environment. Several parties are involved: a suitably qualified planner develops the spatial solution, the local municipality organises the planning procedure and makes the decisions required by law, and the property owner or developer may act as an interested party who commissions and finances the plan.
Who can prepare a detailed spatial plan?
Under the Planning Act, the body responsible for organising planning activities must ensure that the plan is prepared by a person with relevant higher education and sufficient professional experience, or an appropriate professional qualification. The law refers to this specialist as a “planner”, whose competence is assessed in light of the type and purpose of the plan (Planning Act, § 4(5)).
In practice, the preparation of a detailed spatial plan may involve specialists from different fields. Depending on the site and the proposed solution, expertise in architecture, mobility, infrastructure, landscaping, environmental matters, or heritage conservation may be required. The planner's role is to bring these elements together into a coherent solution and coordinate the work of the relevant experts.
Therefore, you should not choose a planner based solely on the service description or price. Their qualifications and previous experience should match the purpose and complexity of your particular plan.
What is the role of the local municipality?
The local municipality is responsible for organising the preparation of a detailed spatial plan (Planning Act, § 124(10)). Based on legislation and local spatial planning needs, the municipality decides whether initiating the planning procedure is justified, establishes the framework for the procedure, and organises the necessary cooperation and public participation.
Among other things, the municipality checks whether the plan complies with applicable planning documents and legislation and considers how the proposed solution fits into the area and affects the public interest. The planner may make proposals and develop alternative solutions, but cannot decide independently that the plan will be adopted.
Even if the property owner or developer commissions the plan or covers the associated costs, this does not mean that responsibility for organising the entire procedure is transferred to them. The municipality retains its statutory duties and decision-making responsibilities.
What are the responsibilities of the property owner or developer?
The property owner or developer is often an interested party in the detailed spatial plan: they want to develop the property and establish the conditions under which the proposed spatial solution might be possible. They can submit a proposal to the municipality to initiate a planning procedure, explain their objectives, and participate in developing the proposed solution.
In certain circumstances, the law allows an administrative contract to be concluded with an interested party to arrange for the preparation of a detailed spatial plan or to commission its preparation. This option is not available in every situation, and such a contract cannot transfer responsibility for organising the planning procedure or carrying out the procedural steps required during planning. Before commissioning any work, clarify with the municipality how responsibilities and costs can be allocated in your particular case.
Initiating a planning procedure or paying for the preparation of a plan does not guarantee that the proposed solution will ultimately be approved. During the procedure, the outcome may be affected by the comprehensive plan, statutory requirements, the views of relevant authorities, comments from neighbours and other participants, and the public interest.
How do you choose a detailed spatial planning specialist?
Before signing a contract, ask the planner about the following points:
- Do they have the education, professional qualification, or other required competence and sufficient experience relevant to the type and purpose of the plan?
- Have they prepared detailed spatial plans for sites of similar location, size, or complexity? Ask for examples of previous projects where possible.
- Does the quotation cover only the preparation of the plan, or does it also include coordinating necessary surveys, engaging specialist consultants, and making revisions?
- Who will communicate with the local municipality and other parties, and who will prepare responses to comments received during the procedure?
- Which costs are included in the price, and which may be charged separately? How will additional work be agreed upon if the project brief changes?
Where should you start?
- Briefly describe what you want to do on the property and why a detailed spatial plan may be necessary.
- Gather the property's address and cadastral reference number, along with available information about the applicable comprehensive plan, existing detailed spatial plans, and known restrictions.
- Contact the municipality's planning officer. Ask whether initiating a planning procedure is feasible in principle, what initial information is required, and how responsibilities might be divided.
- Request a quotation from a qualified planner that clearly specifies the scope of work, stages, estimated deadlines, price, and potential additional costs.
- Put agreements in writing and bear in mind that the duration of the procedure depends on factors such as surveys, approvals, public participation, and the need to revise the proposed solution.
Frequently asked questions
Can any architect prepare a detailed spatial plan?
Not simply by virtue of their job title. The person preparing the plan must have relevant higher education and sufficient professional experience, or an appropriate professional qualification, taking into account the type and purpose of the plan. Ask about the specific planner's qualifications and experience with similar projects.
Can a planner guarantee that a detailed spatial plan will be adopted?
No. A planner can develop a compliant solution and manage the technical work, but the outcome depends on the planning procedure and the municipality's decisions. Be cautious of promises that guarantee approval or a fixed completion date without conditions.
A detailed spatial plan is a collaborative process, not just a set of drawings
The best results come when the qualified planner, interested party, and local municipality understand their respective roles and work together. Before commissioning work or committing to costs, clarify who is responsible for each task and what the quotation includes.
If you are ready to explore the development potential of your property, you can submit a free enquiry through BeforeBuilding and connect with specialists in spatial planning and building design.
Useful sources
This article provides a general overview and does not replace an assessment of the circumstances of a specific property or the position of the local municipality.
