Answer three questions to get a document checklist. The result does not confirm a right of way or development permission.
The legal position depends on the documents and specific project. InfoGrunt does not issue an administrative decision or legal opinion.
Access to a public road decides whether a plot can be built on and used normally. Without it the municipality will not issue a zoning decision (Article 61 of the Spatial Planning and Development Act), and the access route has to be shown in the site development plan. The checklist above organises the documents; below we explain what they confirm.
The Spatial Planning and Development Act treats as access to a public road either direct adjacency to such a road or access through an internal road or an established road easement. Each option needs different documents. With direct access you check the road status and whether a driveway is possible; with an internal road you establish who owns it and what right of use you will receive; with an easement you read its wording and route.
Public roads have a national, regional, county or municipal category assigned under the Public Roads Act. The “dr” symbol in the land register only marks the land-use class “roads” and says nothing about the road’s status or owner. The road authority confirms the status. Building or rebuilding a driveway from a public road requires that authority’s permit for the driveway location, so sharing a boundary with a road does not mean an entrance can be built at the chosen spot.
If the route crosses a neighbour’s parcel, you need a land easement created by an agreement in the form of a notarial deed or by a court decision. Check its entry in section III of the land and mortgage register of the burdened property and whether it covers the whole route and the intended use, for example heavy vehicles during construction. If the owner refuses, the remaining option is a court application for a way of necessity (Article 145 of the Civil Code), which takes time and involves compensation for the owner.
Find the plot and every parcel along the access route on the parcel map and note their full identifiers. Ask the seller for the land and mortgage register numbers and review them in the Electronic Land and Mortgage Registers. Confirm the road category and driveway conditions with the road authority, and check the local plan at the municipal office, as it may designate new roads and boundary lines. The checklist result is informational and does not replace a notary, a lawyer or an official decision.
