The translation of this document is outdated.
Translation validity: 16.03.2021.–17.05.2023.
Amendments not included:
11.05.2023.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
15 December 2011 [shall
come into force on 1 January 2012];
24 May 2012 [shall come into force on 7 June 2012];
13 February 2014 [shall come into force on 12 March
2014];
18 February 2021 [shall come into force on 16 March
2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
Spatial Development Planning
Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in the Law:
1) development programme - a mid-term spatial
development planning document laying down mid-term priorities and
the set of measures for the implementation of the long-term
strategic goals set out in the planning region or local
government development strategy;
2) sustainable development strategy - a long-term
spatial development planning document laying down the vision,
objectives, and priorities for the long-term development of a
planning region or local government and its spatial development
perspective;
3) functional zoning - division of a territory into
zones having different requirements for the permitted land use
and building;
4) public infrastructure - a component of the national
economy spatial structure formed by the technical (transport,
communications, power industry, water supply and environmental
objects) and social (education, science, health and social care,
State administration, public services, culture and recreation
objects) infrastructure;
5) thematic plan - a spatial development planning
document addressing specific issues related to the development of
separate sectors (for example, transport infrastructure, layout
of health care institutions and educational institutions) or
specific themes (for example, layout of engineering networks,
valuable landscape areas and risk territories) according to the
planning level;
6) spatial development planning information system - a
structured set of information technologies and data bases the use
of which ensures the creation, compilation, accumulation,
processing, use and destruction of information required for the
development and implementation of spatial development planning
documents;
7) objects of national interest - territories and
objects necessary to ensure essential public interests,
protection and sustainable use of natural resources;
8) local government spatial plan - a local government
long-term spatial development planning document laying down the
requirements for land use and building, including functional
zoning, public infrastructure, regulations regarding land use and
building, as well as other conditions for land use, and which is
developed for an administrative territory or a part thereof;
9) local plan - a local government long-term spatial
development planning document developed for a part of a State
city, a municipality town or a part thereof, a village or a part
thereof, or a part of a rural territory for addressing a specific
planning task or detailing or amending a spatial plan;
10) detailed plan - detailed plan of a part of local
government territory developed in order to lay down the
requirements for the use and building parameters of specific land
units, as well as to adjust the borders of land units and
restrictions;
11) maritime spatial plan - a national level long-term
spatial development planning document laying down use of the sea,
considering the terrestrial part that is functionally interlinked
with the sea.
[13 February 2014; 18 February 2021]
Section 2. Purpose of the Law
The purpose of this Law is to ensure that the development of a
territory is planned in a manner which would raise the quality of
the living environment, ensure sustainable, effective and
rational use of territories and other resources, as well as
targeted and balanced development of economy.
Section 3. Principles for Planning
Development of a Territory Development Planning
In planning development of a territory, the principles set out
in the Development Planning System Law, as well as the following
principles shall be complied with:
1) principle of sustainability - development of a territory is
planned in order to preserve and form a good environmental
quality, balanced economic development, rational use of natural,
human and material resources, development of the natural and
cultural heritage for the present and next generations;
2) principle of succession - new spatial development planning
documents are developed by evaluating the existing spatial
development planning documents and practical implementation
thereof;
3) principle of equal opportunities - sectoral and territorial
interests, as well as interests of private individuals and public
interests are assessed in interconnection to promote sustainable
development of the relevant territory;
4) principle of continuity - development of a territory is
planned continuously, flexibly and in cycles by supervising this
process and evaluating the latest information, knowledge, needs
and possible solutions;
5) principle of transparency - the public involvement and
transparency of information and decision-making in planning
development of a territory and drawing up documents is
ensured;
6) principle of integrated approach - economic, cultural,
social and environmental aspects are harmonised, sectoral
interests are co-ordinated, territorial development priorities
are agreed upon at all planning levels, co-operation is
purposeful, and the impact of the planned solutions on the
surrounding territories and the environment is assessed;
7) principle of diversity - development of a territory is
planned by taking into account the diversity of natural, cultural
environment, human and material resources and economic
activities;
8) principle of coherence - spatial development planning
documents are drawn up by coherently agreeing upon them and
evaluating provisions of other spatial development planning
documents.
Section 4. Public Participation in
Planning Development of a Territory
(1) Development of a territory shall be planned through public
participation. The authority conforming to the planning level has
a duty to ensure openness of information and decision-making, as
well as ascertain the public opinion and organise public
participation in planning the development of a territory,
providing as detailed and comprehensible information as
possible.
(2) Public participation in planning the development of a
territory shall be ensured by the relevant State authority,
planning region or local government according to the planning
level in conformity with laws and regulations laying down the
requirements for public participation.
(3) In order to ensure public discussion of spatial plan, the
relevant authority shall consult with the public before taking a
decision. The authority shall, on its website, publish
information on commencing the development of spatial plan and
amendments thereto, the procedures, location and time limits for
the public discussion, the place and time for getting acquainted
with the particular spatial plan and amendments thereto, and the
procedures for submitting written proposals and opinions.
(4) During the public participation, the interests of private
individuals and public interests shall be balanced with
opportunities for the sustainable development of the
territory.
(5) Everyone has the right to become acquainted with the
spatial development planning documents which are in force and
have been handed over for public discussion, to participate in
the public discussion, to express and defend his or her opinion
and submit written proposals within the specified time limit.
(6) The authorities referred to in Paragraph two of this
Section have a duty, during the development of spatial
development planning documents, to evaluate, in a balanced way,
the proposals expressed and substantiate their decisions, as well
as to notify these decisions to the public and submitters of
proposals.
[13 February 2014]
Section 5. Spatial Development
Planning Levels and Documents
(1) Development of a territory shall be planned by drawing up
the following coherently harmonised spatial development planning
documents:
1) at the national level - the Sustainable Development
Strategy of Latvia and the National Development Plan;
2) at the regional level - the sustainable development
strategy and the development programme of a planning region;
3) at the local level - the sustainable development strategy,
the development programme, the spatial plan, a local plan and a
detailed plan of a local government.
(2) At all levels, when developing spatial development
planning documents, a strategic environmental impact assessment
shall be ensured, if it is necessary in accordance with laws and
regulations.
Section 6. Spatial Development
Planning Information System
(1) The purpose of the spatial development planning
information system is to ensure accumulation, processing and
public accessibility of spatial development planning documents of
all levels and of information related to spatial planning. The
spatial development planning information system shall ensure
access to data of other State information systems used for the
development of spatial development planning documents.
(2) The ministry responsible for planning the development of a
territory shall be the administrator of the spatial development
planning information system.
(3) Spatial development planning documents and data entered
into the spatial development planning information system shall be
publicly accessible free of charge, except for the data
accessibility of which is restricted in accordance with laws and
regulations.
(4) Geospatial data sets downloaded from the spatial
development planning information system or such geospatial data
sets to which a direct access is ensured from other information
systems shall be used according to regulatory provisions of the
holder of the geospatial data set.
[13 February 2014]
Chapter II
Competence of Public Authorities in Planning Development of a
Territory
Section 7. Competence of the
Cabinet
(1) The Cabinet shall:
1) [13 February 2014];
2) approve national level thematic plans;
3) define the content of regional level spatial development
planning documents, and the procedures for their development,
implementation and monitoring;
4) define the content of spatial development planning
documents of the local level, the procedures for its developing
and public discussion, the procedures for financing a local plan
and detailed plan and the requirements to be included in a
contract for the development and financing of a local plan or
detailed plan;
41) define the criteria and procedures for the
review of detailed plans;
5) define the requirements for the persons developing spatial
development planning documents;
6) define general requirements for local level spatial
development planning, land use and building;
7) define classification of land use types;
8) prescribe the procedures for establishing and operating the
spatial development planning information system, collecting,
processing and disseminating information required for it, and the
content of the data of the spatial development planning
information system, as well as the procedures for data exchange
with other State information systems;
9) define the ministry responsible for planning the
development of a territory;
10) lay down the procedures for developing, implementation and
monitoring of maritime spatial plan, and approve the maritime
spatial plan;
11) define, establish and approve objects of national interest
and the requirements for the use thereof, unless prescribed
otherwise by other laws.
(2) The Cabinet shall provide funding for the development and
updating of national and regional level spatial development
planning documents in the State budget for the current year.
[13 February 2014; 18 February 2021]
Section 8. Competence of the
National Development Council
[13 February 2014]
Section 9. Competence of the
Ministry Responsible for Planning Development of a Territory
The ministry responsible for planning the development of the
territory shall:
1) develop the maritime spatial plan and national thematic
plans according to the competence thereof;
2) methodically manage planning the development of the
territory at regional and local levels;
3) provide opinions on the conformity of draft development
strategies and development programmes of planning regions with
national level spatial development planning documents and the
requirements of laws and regulations;
4) evaluate the conformity of local government spatial plans
and local plans with laws and regulations, if it is necessary for
the performance of the activities referred to in Sections 26 and
27 of this Law;
5) ensure maintenance of the spatial development planning
information system.
[13 February 2014; 18 February 2021]
Section 10. Competence of Sectoral
Ministries
(1) Sectoral ministries shall prepare proposals and, in
accordance with the procedures laid down in laws and regulations,
advance them for defining objects of national interest and, if
necessary, develop thematic plans.
(2) Sectoral ministries shall co-operate with State and local
government authorities and ensure provision of information or
advance requirements for the development of spatial development
planning documents of all levels.
[13 February 2014]
Section 11. Competence of a Planning
Region
A planning region shall:
1) develop and approve the sustainable development strategy
and the development programme of planning region, as well as
co-ordinate and monitor its implementation;
2) provide proposals for the development of national and local
level development planning documents;
3) provide opinions on the conformity of the draft local
government development strategies and development programmes with
spatial development planning documents of the planning region and
the requirements of laws and regulations;
4) co-ordinate and monitor the development of sustainable
development strategies, development programmes, spatial plans and
local plans of local governments.
Section 12. Competence of a Local
Government
(1) A local government shall develop and approve the local
government development strategy, development programme, spatial
plan, local plans, detailed plans and thematic plans.
(2) A local government shall provide proposals for the
development of national and regional level development planning
documents.
(3) A local government shall co-ordinate and monitor the
implementation of the local government development strategy,
development programme, spatial plan, local plans, detailed plans
and thematic plans.
(4) Daugavpils local government and Augšdaugava municipality,
Liepāja local government and Dienvidkurzeme municipality, Rēzekne
local government and Rēzekne municipality, Jelgava local
government and Jelgava municipality, Ventspils local government
and Ventspils municipality shall establish a joint liaison
authority in order to ensure the development of integrated
sustainable development strategies and development programmes for
the entire territory in accordance with the procedures laid down
in this Law.
[18 February 2021 / Paragraph four shall come into
force on 1 July 2021. See Paragraph 18 of Transitional
Provisions]
Section 13. Financing the
Development of Spatial Development Planning Documents of a
Planning Region and Local Government
(1) Performance of the functions of a planning region shall be
ensured with financing from the State budget funds provided for
the current year for the support of a planning region and from
other funds.
(2) A local government shall provide funds for the development
of spatial development planning documents in its budget
thereof.
(3) If an initiator of a local plan or detailed plan is not
the relevant local government, the development and implementation
thereof shall be financed by the initiator, concluding a contract
for it with the local government. In such case the local
government may participate in co-financing of the local plan or
detailed plan in accordance with the procedures laid down in laws
and regulations.
Section 14. Provision of Data and
Information Necessary for the Development of Spatial Development
Planning Documents
(1) State and local government authorities shall provide the
information necessary for the development of all types of spatial
development planning documents free of charge, and such
information shall be prepared and maintained by the
abovementioned authorities from the budget funds.
(2) If the financing necessary for creating and maintaining a
geospatial data set is not ensured from the State or local
government budget, such geospatial data set shall be used
(including provision of direct access) for a charge according to
the price list of paid services of the geospatial data set
holder.
Chapter III
Planning Development of a Territory at the National Level
Section 15. Sustainable Development
Strategy of Latvia and National Development Plan
The Sustainable Development Strategy of Latvia and the
National Development Plan shall be developed in accordance with
the procedures laid down in laws and regulations.
Section 16. Maritime Spatial
Plan
(1) A maritime spatial plan shall define the use of the sea,
considering the terrestrial part that is functionally interlinked
with the sea and harmonising interests of various sectors and
local governments in use of the sea.
(2) Development of a maritime spatial plan shall be organised
by the ministry responsible for spatial development planning in
co-operation with sectoral ministries, planning regions and local
governments the administrative territory of which borders upon
the sea.
[13 February 2014]
Section 17. Defining Objects of
National Interest
(1) Proposals for defining objects of national interest shall
be prepared and, in accordance with the procedures laid down in
laws and regulations, advanced for approval to the Cabinet by the
relevant sectoral ministry in co-operation with local governments
the territory of which will be affected by the object of national
interest. The proposal shall contain justification for the choice
of a location and results of the environmental impact assessment,
if such is necessary in accordance with the requirements of laws
and regulations.
(2) The territory necessary for the functioning of the object
of national interest and protection zone, if such is provided for
in laws and regulations, as well as the requirements for the use
of such object, shall be determined for the object of national
interest.
(3) If an environmental impact assessment is not applied, the
relevant sectoral ministry shall organise provision of
information to the public on the proposal in accordance with the
procedures stipulated by the Cabinet.
[13 February 2014]
Chapter IV
Planning Development of a Territory at the Regional Level
Section 18. Sustainable Development
Strategy of a Planning Region
(1) The sustainable development strategy of a planning region
is a long-term spatial development planning document, specifying
the vision of the long-term development, strategic objectives,
priorities of the planning region and the spatial development
perspective in written and graphic form.
(2) The sustainable development strategy of a planning region
shall be developed according to the State long-term strategic
objectives laid down in the Sustainable Development Strategy of
Latvia, taking into account the long-term development objectives
laid down in long-term development strategies of adjacent
planning regions and evaluating spatial development planning
documents of the local governments contained in the relevant
planning region.
(3) The sustainable development strategy of a planning region
shall be approved by a decision of the Planning Region
Development Council.
[13 February 2014]
Section 19. Planning Region
Development Programme
(1) A planning region development programme shall be developed
according to the National Development Plan and the sustainable
development strategy of a planning region, based on development
programmes of local governments located within the relevant
planning region, as well as taking into account the development
programmes of adjacent planning regions.
(2) A planning region development programme shall contain the
current situation analysis, tendencies and forecasts, as well as
information on the process of developing the development
programme, and shall define mid-term priorities, the set of
measures for the implementation thereof and the procedures for
monitoring thereof.
(3) A planning region development programme shall be approved
by a decision of the Planning Region Development Council.
Chapter V
Planning Development of a Territory at the Local Level
Section 20. Local Government Spatial
Development Planning Documents
A local government shall have the following coherently
harmonised spatial planning documents:
1) sustainable development strategy of the local
government;
2) development programme of the local government;
3) spatial plan of the local government;
4) local plans;
5) detailed plans;
6) thematic plans.
Section 21. Sustainable Development
Strategy of a Local Government
(1) The sustainable development strategy of a local government
is a long-term spatial development planning document, laying down
the vision of the local government long-term development,
strategic objectives, development priorities and the spatial
development perspective in written and graphic form, and this
strategy shall be developed according to the sustainable
development strategy of the planning region, evaluating spatial
development planning documents of adjacent local governments.
(2) In spatial development perspective the guidelines for
spatial development shall be specified, as well as the most
significant spatial structures, development priorities and
preferable long-term changes of the local government shall be
specified and displayed schematically.
(3) The development strategy of local government shall be
approved by a decision of the local government council.
[13 February 2014]
Section 22. Local Government
Development Programme
(1) A local government development programme shall be
developed according to the sustainable development strategy of a
local government, evaluating spatial development planning
documents of the national and regional level, as well as spatial
development planning documents of adjacent local governments.
(2) A local government development programme shall include the
analysis of the current situation, tendencies and forecasts, as
well as information regarding the developing process of the
development programme, and shall define mid-term priorities, the
action and investment plan, the amount of resources necessary for
the implementation of the development programme and the
procedures for monitoring of the development programme.
(21) The investment plan of the development
programme of the local government shall include the development
projects the implementation costs of which are 50 000 euros and
more. The investment plan shall also include such development
projects which are planned to be implemented jointly by several
local governments if the total project costs are 50 000 euros or
more.
(22) The local government shall include in its
annual report the information on its investments in the
implementation of the development projects referred to in
Paragraph 2.1 of this Section.
(3) A local government development programme shall be approved
by a decision of the local government council.
[13 February 2014; 18 February 2021]
Section 23. Local Government Spatial
Plan
(1) A local government spatial plan shall be developed
according to the sustainable development strategy of a local
government and taking into consideration other national, regional
and local level spatial development planning documents.
(2) In a local government spatial plan, the functional zoning
and public infrastructure shall be specified, the regulations for
land use and building, as well as other conditions for and
restrictions on the land use shall be stipulated.
(3) In accordance with laws and regulations laying down
general requirements for planning and building of the territory
of a local government, land use of a rural territory of the local
government may be specified on the basis of the sustainable
development strategy of a local government and information of the
updated topographic map.
(4) Changes in the functional zoning specified in a local
government spatial plan or in the regulations regarding land use
and building shall be developed as amendments to the local
government spatial plan or as a local plan in accordance with
Section 24, Paragraph three of this Law.
(5) If new laws and regulations with a higher legal force,
related to information to be included in a local government
spatial plan, come into force, the local government shall
evaluate the necessity of amending its spatial plan. If the local
government does not amend its spatial plan, in case of
contradictions the requirements of the legal act with a higher
legal force shall be applied.
(6) It shall be permitted to install engineering communication
networks and objects in any functional zone specified in a
spatial plan, in compliance with the requirements of the Cabinet
regulations referred to in Section 7, Clause 6 of this Law and
other laws and regulations.
(7) If a new spatial development planning document of a higher
level comes into force, the local government shall evaluate the
spatial plan thereof and take a decision on the necessity of
amending it.
[13 February 2014]
Section 24. Local Plan
(1) A local government shall develop a local plan upon its own
initiative and use it as the basis for further planning, as well
as for building design.
(2) A local government spatial plan may be detailed in a local
plan. After coming into force of the sustainable development
strategy of a local government, the local government spatial plan
may be amended in the local plan, insofar as the local plan is
not in contradiction with the sustainable development strategy of
the local government, except when the local plan is developed
only for national defence needs.
(3) Changes in the functional zoning specified in a local plan
or in the regulations regarding land use and building shall be
developed as amendments to the local plan in accordance with the
procedures laid down in laws and regulations.
(4) The functional zoning specified in a local plan and the
regulations regarding land use and building shall be in force in
the territory of the local plan. If new laws and regulations with
a higher legal force, related to the functional zoning specified
in a local plan and regulations regarding land use and building,
come into force, the local government shall evaluate the
necessity of amending the local plan.
[18 February 2021]
Section 25. Adopting and Coming into
Force of a Local Government Spatial Plan and Local Plan
(1) A local government spatial plan and a local plan shall be
approved by the binding regulations of the local government.
(2) The binding regulations shall include a hyperlink with a
unique identifier to the interactive graphic part of the approved
plan available on the State Unified Geospatial Information Portal
(hereinafter - the Geoportal). The interactive graphic part of
the spatial plan or local plan available on the Geoportal shall
be an integral part of the binding regulations of the local
government.
(21) Within two weeks after the adoption of the
binding regulations referred to in Paragraph one of this Section,
the local government shall send them for publishing in the
official gazette Latvijas Vēstnesis, using the Spatial
Development Planning Information System. The binding regulations
shall come into force on the day following their
proclamation.
(3) [18 February 2021]
(4) The binding regulations referred to in this Section shall
not be implementable as long as the activities referred to in
Section 27, Paragraph three of this Law are not finished.
(5) Until commencing the implementation of the binding
regulations referred to in this Section, the local government
shall apply the binding regulations by which the previous spatial
plan, local plan or amendments thereto were approved.
[24 May 2012; 13 February 2014; 18 February 2021 /
Amendment regarding the deletion of the second sentence in
Paragraph one, the new wording of Paragraph two and Paragraph
2.1 shall come into force on 1 January 2022.
See Paragraph 17 of Transitional Provisions]
Section 26. Suspension of Operation
of a Local Government Spatial Plan and Local Plan upon the
Initiative of a Minister
(1) If violations of the procedure for the developing of local
government spatial plan or local plan or a non-conformity with
the requirements of laws and regulations are established, the
minister responsible for planning the development of a territory
(hereinafter - the minister) shall, not later than within six
months after the local government spatial plan or local plan has
come into force, issue an order to suspend the binding
regulations which approved the spatial plan or local plan, or a
part of such binding regulations.
(2) If the minister has issued the order referred to in
Paragraph one of this Section and Section 27, Paragraph three of
this Law, the chairperson of the local government council shall,
within two weeks after the order has come into force, convene an
extraordinary meeting of the local government council, at which
the council shall take the decision to cancel the binding
regulations or a part thereof or to submit an application to the
Constitutional Court.
(3) The order referred to in Paragraph one of this Section
shall suspend the operation of the local government spatial plan
or local plan in the part specified in the order until the day
when the decision of the local government council to cancel the
binding regulations or a part thereof or the judgment of the
Constitutional Court comes into effect.
[13 February 2014]
Section 27. Appealing of a Local
Government Spatial Plan and Local Plan
(1) Within two months after coming into force of the binding
regulations which approve the local government spatial plan or
local plan, a person may submit a submission for the local
government spatial plan or local plan to the ministry responsible
for spatial development planning.
(2) Within 10 days after the end of the time limit for
submitting submissions laid down in Paragraph one of this
Section, the ministry responsible for planning the development of
the territory shall inform the local government of the
submissions received and, if possible, indicate the extent to
which the local government spatial plan or local plan may be
implemented until the day when the order of the minister will be
issued or, if no submission has been received, inform the local
government thereof, indicating the day when the local government
may commence implementation of the relevant binding
regulations.
(3) Within one month from the day when the time limit for
submitting submissions has expired, the ministry responsible for
planning the development of the territory shall evaluate the
submissions submitted in accordance with the procedures laid down
in Paragraph one of this Section. If, when examining a
submission, violations of the procedures for developing the
spatial plan, local plan or a part thereof or a non-conformity
with the requirements of laws and regulations have been
established, the minister shall issue an order to suspend the
binding regulations, informing the submitter of the submission
thereof. If no violation has been established, the ministry
responsible for planning the development of the territory shall
provide a reply to the submission. The reply to the submission
provided shall not be examined in accordance with the procedures
of administrative proceedings. The ministry responsible for
planning the development of the territory shall also inform the
local government that violations have not been established and
concurrently specify the day when implementation of the relevant
binding regulations may be commenced.
(4) A person is entitled, in accordance with the procedures
laid down by law, to submit to the Constitutional Court a
constitutional complaint regarding the conformity of the local
government binding regulations with the norms of higher legal
force, if before that the person has submitted a submission in
accordance with Paragraph one of this Section.
(5) If a submission is not submitted within the time limit
referred to in Paragraph one of this Section, it shall be
examined in accordance with the Law on Submissions, and all that
is prescribed in Paragraphs one, two, three and four of this
Section shall not apply thereto. An overdue time period shall not
be renewed.
(6) In addition to that laid down in this Section, if the time
limits indicated therein are not met, the Constitutional Court
may, in accordance with the procedures laid down by the
Constitutional Court Law, evaluate a local government spatial
plan and local plan also in the case if a general jurisdiction
court or an administrative court addresses the Constitutional
Court, including also after hearing of opinions of participants
to the proceedings.
[13 February 2014]
Section 28. Detailed Plan
(1) The types for and restrictions on land use provided for in
the functional zoning specified in a spatial plan or local plan
shall be detailed and specified in a detailed plan according to
the scale precision, laying down the requirements for land use
and building of each land unit.
(2) For a part of a rural territory of a local government for
which the functional zoning has not been developed a detailed
plan shall be developed in compliance with the sustainable
development strategy of the local government. In the work task of
a detailed plan, the requirements and provisions shall be
stipulated, taking into account that laid down in laws and
regulations and spatial development planning documents of a
higher level, as well as the specificity of the particular
situation.
(3) A detailed plan shall be developed before commencing new
construction or subdivision of land units, if it creates a
necessity for complex solutions and unless laid down otherwise in
laws and regulations.
(4) A local government shall define in the work task the
necessity for the development of a detailed plan and the level of
detail, taking into account the justification for the
development. The development of detailed plan may be combined, to
a certain extent, with building design, ensuring public
discussion in accordance with laws and regulations.
[13 February 2014]
Section 29. Approval of a Detailed
Plan
A local government shall approve a detailed plan with a
general administrative act, relating it to the land unit, and it
shall come into force after announcement thereof. A detailed plan
shall be in force until it is cancelled or repealed. A detailed
plan shall lose validity also in the case if the time limit for
commencing its implementation has expired and it has not been
extended within a year after the end of such time limit. The
local government shall send the general administrative act
approving the detailed plan for publication in the official
gazette Latvijas Vēstnesis, using the Spatial Development
Planning Information System and including in this administrative
act a hyperlink with a unique identifier to the interactive
graphic part of the approved detailed plan available on the
Geoportal which shall be an integral part of this administrative
act.
[18 February 2021 / Amendment regarding the new
wording of the fourth sentence shall come into force on 1 January
2022. See Paragraph 17 of Transitional Provisions]
Section 30. Appealing of a Detailed
Plan
(1) A detailed plan may be appealed to the administrative
court in accordance with the procedures laid down in the
Administrative Procedure Law within a month after publishing the
notification on the approval of the detailed plan, and regardless
of whether the procedures and time limit for appealing are
indicated in the detailed plan.
(2) Until the end of the time limit for appealing, as well as
in the case of suspension of operation of a detailed plan, a
local government is not entitled to take decisions related to the
implementation of the detailed plan.
(3) Appealing of a detailed plan shall suspend operation of
the detailed plan until the day when a court judgment comes into
effect. In the cases laid down in the Administrative Procedure
Law, renewal of the operation of a suspended detailed plan may be
requested.
Section 31. Procedures for
Implementation of a Detailed Plan
(1) A detailed plan shall be implemented according to an
administrative contract concluded between the local government
and the implementer of the development of detailed plan.
(2) A contract shall, in accordance with the provisions of the
Administrative Procedure Law, contain various conditions, time
limits and disclaimers regarding cancellation, as well as
requirements concerning the time limit for commencement of
construction work of objects, management of the detailed plan
territory and public infrastructure, construction stages and
consequence thereof.
(3) A local government may specify the time limit within which
the implementation of the detailed plan is to be commenced -
building (use) of the detailed plan territory in compliance with
the detailed plan solution and the requirements specified.
Subdivision or merging of land units according to the detailed
plan shall not be considered to be the implementation of the
detailed plan.
(4) If a local government, having evaluated the relevant
request, rejects it, does not extend the time limit for the
implementation of the detailed plan and substantiates the
decision thereof, it may be contested or appealed.
Section 32. Thematic Plans
(1) Thematic plans may be developed at all spatial development
planning levels and the term of operation of thematic plans shall
be determined by an authority approving the relevant thematic
plan.
(2) Thematic plans shall be taken into consideration when
developing other spatial development planning documents.
Section 33. Display of Encumbered
Territories, Objects and Protection Zones Specified for Them
Encumbered territories, as well as objects and protection
zones specified for them, shall be displayed in spatial
development planning documents in accordance with the procedures
laid down in the Law on the Information System of Encumbered
Territories.
Transitional Provisions
1. With the coming into force of this Law, the Spatial
Planning Law (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 2002, No. 13; 2003, No. 10; 2005, No. 5; 2007, No.
10, 24; 2008, No. 24; 2010, No. 40) is repealed.
2. The Cabinet shall:
1) by 31 May 2012 issue the Cabinet regulations referred to in
Section 7, Paragraph one, Clauses 3, 4, 5, 6 and 7 of this
Law;
2) by 31 December 2012 issue the Cabinet regulations referred
to in Section 7, Paragraph one, Clause 10 of this Law;
3) by 1 September 2014 issue the Cabinet regulations referred
to in Section 7, Paragraph one, Clause 8 of this Law.
[13 February 2014]
3. Development of a maritime spatial plan shall be commenced
not later than by 1 January 2014. Until the day maritime spatial
plan comes into force, decisions on use of the territorial sea,
continental shelf and exclusive economic zone of Latvia shall be
taken by the Cabinet, unless laid down otherwise in laws and
regulations.
4. Until the approval of a local government spatial
development plan which has been developed in accordance with the
procedures laid down in this Law, the spatial plan of the local
government approved until the coming into force of this Law shall
be in force in the territory of the relevant local government or
a part thereof.
5. Requirements stipulated by this Law for determining the
national interest objects shall not apply to the national
interest objects established until the day of coming into force
of this Law.
6. Development of planning region and local government
development programmes which has been commenced prior to the
coming into force of this Law shall be completed in accordance
with the requirements of laws and regulations which were in force
when the development of the relevant development programmes was
commenced.
7. Local governments and planning regions shall ensure the
development or updating of sustainable development strategies and
development programmes in accordance with this Law by 31 December
2014.
[13 February 2014]
8. If until the day of coming into force of this Law a local
government spatial plan or amendments to a spatial plan are in
the process of being developed, the local government shall take a
decision in which it shall indicate the laws and regulations in
accordance with which the development of the spatial plan or
amendments to the spatial plan shall be completed.
9. Detailed plans the development of which has been commenced
prior to coming into force of this Law shall be completed in
accordance with the requirements of such laws and regulations
which were in force on the day of commencing the development of
the detailed plans, but no later than by 31 December 2012.
10. After coming into force of this Law, the following
detailed plans shall be in force:
1) those which have been approved by the local government
binding regulations;
2) those which have been developed in accordance with the
procedures laid down in Clause 9 of these Transitional
Provisions.
10.1 Until 1 June 2023, local governments shall
ensure the compliance of the detailed plans approved in
accordance with the procedures laid down in Paragraph 10 of these
Transitional Provisions with Section 29 of this Law in accordance
with the procedures laid down in the regulation regarding the
development of spatial development planning documents.
[18 February 2021]
11. Until the day of coming into force of the relevant Cabinet
regulations, but not later than until 31 December 2012, the
following Cabinet Regulations are in force, insofar as they do
not contradict this Law:
1) Cabinet Regulation No. 1148 of 6 October 2009, Regulations
Regarding Spatial Planning of a Local Government;
2) Cabinet Regulation No. 236 of 5 April 2005, Regulations
Regarding Spatial Planning of a Planning Region.
12. The Cabinet Regulation No. 121 of 14 February 2006,
Procedures for the Allocation of an Earmarked Subsidy for Drawing
up of Spatial Plans of Planning Regions and Local Governments and
the Amendments Thereto, shall be applicable until the end of the
time period specified for acquisition of an earmarked subsidy in
the referred Regulation, but not longer than until 31 December
2014.
[15 December 2011]
13. Until the day of coming into force of new Cabinet
regulations, the Cabinet Regulation No. 977 of 12 October 2010,
Regulations Regarding Agricultural Territories of National
Significance, shall be applicable, insofar as it is not in
contradiction with this Law, but not longer than until 31 May
2013.
14. Local governments shall, by 31 December 2015, enter the
existing spatial development planning documents into the spatial
development planning system.
[13 February 2014]
15. Until the day of coming into force of amendments to
Section 12, Paragraphs one, two and three of the Development
Planning System Law, as well as the amendment regarding deletion
of Paragraph five of the referred Section, development of the
Sustainable Development Strategy of Latvia and the National
Development Plan shall be co-ordinated by the ministry
responsible for planning the development of the territory.
16. Section 27 of this Law shall come into force concurrently
with the amendments to the Constitutional Court Law.
17. Amendments to this Law regarding the deletion of the
second sentence of Paragraph one, the new wording of Paragraph
two of Section 25 and the supplementation of the Section with
Paragraph 2.1, and regarding the new wording of the
fourth sentence of Section 29 shall come into force on 1 January
2022.
[18 February 2021]
18. Amendment to this Law regarding the supplementation of
Section 12 with Paragraph four shall come into force on 1 July
2021.
[18 February 2021]
This Law shall come into force on 1 December 2011.
The Law has been adopted by the Saeima on 13 October
2011.
President A. Bērziņš
Rīga, 2 November 2011
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)
