LEGITIMATE EXPECTATIONS IN SPATIAL PLANNING AND BUILDING

Abstract

The principle of the legality of administration is valid today in its strict ornarrow form. Therefore, the administrative bodies are obliged to act in a waydetermined by the law and by-laws. When it comes to the point when certain changein legislation is necessary, such as situations when an old regulation (spatial plan)is put out of force, one should bear in mind that there is a possibility that newlegislation is less favourable for some citizens. In other words, it can be said thatthe affected party, as a consequence, may suffer certain damage.Due to such situations, the principle of legitimate expectations hasdeveloped and is widely recognized in the European countries. The principle oflegitimate expectations is often linked to the principle of legal certainty. Bothprinciples, and the principle of acquired rights of the parties are recognized in thepractice of the Court of the European Union, the practice of the European Court ofHuman Rights, and the practice of the Constitutional Court of the Republic ofCroatia. Hence, in situations of amending legislation, local governments shouldtake into the account the protection of legitimate expectations based on validregulations.The aim of the paper is to research possible basis for the principle oflegitimate expectations in spatial planning and building. The second aim of thepaper is to research if there is a possibility for compensation if a lawful general act(spatial plan) is revoked or repealed. The aim of the paper is also to detect Europeancountries which apply planning compensatio