Compensation when the local plan is not in accordance with the study

The study of the conditions and directions of zoning (“STUDY”) provided for the use of REAL ESTATE for TOURIST FUNCTIONS and allowed the possibility of DEVELOPMENT. The local plan was passed IN VIOLATION OF THE STUDY, because it excluded tourist use and the possibility of development. Although the study is not legal, the purpose of the property provided for in the STUDY: (a) it actually affects the value of the property and (b) must be taken into account in the valuation of the property in accordance with Article 154(2) of the Law on The Management of Immovable Property.

The adoption of a local plan contrary to the study: (a) it is unlawful (b) it may cause damage to the owner of the property m.in by reducing the value of the property. In this case, the owner of the property may: (1) first, request the repeal of the local plan to the extent that: (i) the plan is incompatible with the study and at the same time (ii) the non-compliance applies to the property of the owner concerned; (2) Secondly, the owner may demand payment of compensation if the plan incompatible with the study is not repealed. A model of an example call attached.