Non-compliance with the MPZP means that the planned building - most often a single-family house - to some extent does not meet the requirements specified in the local zoning plan. It can be about the roof, height, angle of inclination, building area, location relative to the boundary of the plot and even the color of the facade. Or something more fundamental - for example, the purpose of the site, which does not allow housing development at all.

In practice, this means one thing: the official will reject the application for a building permit or will not accept the application. The design will have to be improved - or completely changed.

An example? You choose a ready-made project of a modern house with a flat roof, and the site plan for your plot requires a gable roof with an angle of 30—45 degrees. Or: you want to build a house, but the site is marked as service. At first glance - a minor matter. In the documents - a significant discrepancy.

The local plan is not a suggestion. This is a local law in force, which precisely regulates what can be built, in what form and under what conditions. The construction project must comply with it in every point - otherwise it will not be approved.

What can you do if the design does not fit the MPZP?

  • If the differences are small (e.g. height, window layout, roof), they can be taken into account at the stage of adaptation of the finished project - after consultation with the architect, of course.
  • If the discrepancies are more serious (e.g. type of building, location of the building), it will be necessary to redesign or change the concept.
  • You can also try to apply for a change of MPZP - but this is a long, expensive and not always effective process.
  • It is not possible to obtain a “derogation from the MPZP” - such procedures concern only technical and building regulations, not the local plan.

That is why it is so important to check the MPZP before choosing a project or buying a plot. This way you avoid mistakes, costly rework and disappointment. A good architect can help you interpret the provisions of the plan and even prepare an analysis of the compliance of the plot with the MPZP even before you decide on the investment.

The incompatibility of the project with the MPZP is not a problem “for later”. This is an issue that can block the entire construction. But if you approach the topic in advance, then this is a situation that can be avoided reasonably, calmly and according to the rules.