2.1 Legal framework of planning

The amendment of 1998 of the Constitution of the Republic of Latvia (adopted on 15.02.1922) contains articles that are significant for the legal framework of spatial planning. The Article 105 of the states that everyone has the right to own property and that property may not be used contrary to the interests of the public. Property rights may be restricted only in accordance with law. Expropriation of property for public purposes shall be allowed only in exceptional cases on the basis of a specific law and in return for fair compensation. Article 115 describes that the state protects right of everyone to live in a benevolent environment by providing information about environmental conditions and by promoting the preservation and improvement of the environment.

Several constitutional articles justify rights to participate in planning - everyone has the right to address submissions to State or local government institutions and to receive a materially responsive reply (Article 104); everyone has the right to defend his or her rights and lawful interests in a fair court (Article 92) and everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express his or her views (Article 100).

In the period 2003-2006 in the Law "On Environment Protection" there was a part of a paragraph on the environment protection instruments that stated that the spatial planning is one of them. With the new version of the law this paragraph is excluded however in environment protection policy documents spatial planning is still mentioned as essential instrument to reach objectives.

Several laws - the Spatial Planning Law, Law "On Self-Governments" as well as the Building Law, state that it is within competency of municipalities to develop and approve in their administrative territories spatial plans, detailed plans and building regulations that have to be adopted simultaneously as well as to control and ensure their proper implementation or administrative supervision.

Law "On Self-Governments" includes legal provision that spatial planning is the obligation of the self-government in order to be able to fulfil its functions. The same Law states that only municipal council may approve spatial development programme of the local and regional self-government and its spatial planning and it is the only body entitled to issue the regulations on building within the territory of city/ town, rural or amalgamated municipality. It is the body that may provide administrative responsibility in case of violation if it is not already foreseen in laws. Effective binding regulations are compulsory to any natural and legal person in corresponding administrative territory.

Building Law include legal regulations that relate to spatial development policy - it determines that any land property may be built-up only in case if the construction is performed according to the spatial plan of local self-government, detailed plan (if it is necessary according to normative acts) and according to the building regulations that are apart of the spatial plan or the detailed plan. Upon concluding agreement the construction must be coordinated with the owner of land. The Law states that spatial planning of the lowest level or the most detailed planning is the binding one for the builder. The Building Law particularly points out that construction regulations are compulsory to all actors involved in construction process and concern all type of buildings and structures in the administrative territory of a municipality.

Law on Agriculture and Rural Development defines usage of agricultural land and its maintaining. The Law delegates the Cabinet of Ministers to define the state fee and the procedure in which agricultural land is transformed into non agricultural land utilization or how land usage status is changed. The paragraph on land owners' responsibilities shall be particularly pointed out. The Law states that individuals, i.e. land owners or tenants are responsible for land utilisation according to land use categories set in the land boundary map and land utilization purposes registered in the Real Estate State Cadastre. The Law states that they are responsible to take actions that do not allow eliminating topsoil or its quality decrease. The last phrase is of more declarative character as there is not envisaged procedure how to ensure it.

Forest Law includes norms on forest land transformation into other types of land usage. It states that in each case of a forest land transformation the permit from State Forest Service is required; besides that it is necessary to redeem losses to the state that occur because of elimination of natural forest environment. The Cabinet of Ministers is entrusted to define forest land transformation procedure. Corresponding Cabinet Regulations on Forest Land Transformation adopted in 2004 envisage forest land transformation for definite reasonable objectives observing restrictions set in legislative acts on nature and environment protection and according to the spatial plan of local municipality. Special commission should be established if transformation is performed into towns or villages that lie in protected territory of the Baltic Sea and in the costal sand dune protected zone in the Gulf of Riga or in particularly protected nature territories.


Relevant legislative documents

The Constitution of the Republic of Latvia (adopted 15.02.1922), link to the text in English: www.ttc.lv/index.php?&id=10&tid=61&l=LV&seid=down&itid=13686

Spatial Planning Law (adopted 22.05.2002), link to text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13810

Regional Development Law (adopted 21.03.2002), link to text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13795

Law "On Self-Governments" (adopted 19.05.1994), link to text in English:  www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13757

Building Law (adopted 10.08.1995.). Link to text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13833

Environment Protection Law (adopted 02.11.2006.), link to text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=15680

Forests Law (adopted 24.02.2000), link to text in English: www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13777

Agriculture and Rural Development Law (adopted 07.04.2004), link to text in English:

www.ttc.lv/index.php?&id=10&tid=59&l=LV&seid=down&itid=13848