Realization of a construction investment entails the requirement of meeting a number of statutorily defined conditions. One of them is ensuring that the plot of land has access to a public road, specifically defined as “direct access to a public road or access via internal road or through establishing adequate road servitude”.
If a given plot of land is not subject to an area development plan, the decision on land development conditions can be issued provided that the plot has access to a public road.
Consequently, the property cannot be divided if the plots of land emerging from the division have no access to a public road. In principle, the access should be direct, however – according to the statutory provisions – the following actions are also deemed valid in this respect: dedicating an internal road along with establishing adequate servitudes for the separated plots of land or establishing for the latter the road servitudes of different sort, if it is not feasible to dedicate an internal road from the property subject to division. Servitudes should not be established on internal roads if the separated plots of land are sold along with the share in the right to the plot of land being an internal road.
CGO Legal law firm offers services of ascertaining the access of a given plot of land to a public road. Alternatively, we assist in gaining such access in the most efficient way, taking into account the circumstances of each individual case.