Landscaping adjustments are often underestimated not only by the builders themselves, but also by the authorities. However, the effect of land adjustments on neighboring properties can be significant. Nor is their landscape-forming influence meaningless.
somewhat unfortunate when landscaping also includes storage and parking areas in addition to “mere” landscaping to establish playgrounds and sports grounds. In practice (of course, with regard to construction-technical design), many storage and parking areas are not landscaping. As a rule, landscaping will be “only” ground works (landscaping), the implementation of which will precede the actual implementation of storage, parking or other areas. This is the reason that you can have the option for the Bluffton, SC services now.
- It is therefore appropriate to distinguish between landscaping categories such as custom surface treatments (typically landfills, ditches, embankments and categories of different areas and pitches) that, although changing land use, are not landscaping.
- In order to determine whether specific earthworks are subject to the Building Act, it is decisive whether they significantly change the appearance of the environment or drainage conditions. It can be said that the requirement of “changing the appearance of the environment or runoff conditions” is a conceptual feature of landscaping for the purposes of the Building Act. It is the duty of the competent administrative authority, usually the building authority, to distinguish the substance or non-essentiality of changes.
The conclusion of the administrative body, whether those or those earthworks are subject to the building law regime, should be the result of its administrative discretion, 3) which should not lack technical information on the area and height of the landscaping or the original drainage conditions. The conclusion of the administrative body lacking a qualified legal justification, whether it is or is not a landscaping in the sense of the Building Act, makes it unexplicable in view of the absence of arguments on which it is based. In this respect, the building authority must cooperate with other administrative bodies, especially in the water management, land management and other administrative bodies, in order to make a judgment as to whether the earthworks meet the definitions of the landscaping under Section 3 (1) of the Building Act.
It seems to be necessary in the Building Act to clearly establish the authority of the building authority to decide, in case of doubt, whether in a particular case these are landscaping under the Building Act or not. This could prevent unwanted conflicts, especially of a neighborly character, as soon as there is a dispute over the qualification of terrain adjustments between the parties involved. On the basis of the request of any of the persons involved, the administrative body (building office) would be entitled to decide whether or not landscaping under the Building Act is concerned.
From the point of view of land-use decision, 80 par. 2 let. a) a písm. c) of the Building Act containing the general principle according to which landscaping is subject to territorial decision-making, specifically the land use decision.
This general principle is breached by Section 78 (3) of the Building Act, where the territorial decision on land use change can be replaced by a public contract under Section Conditions and § 96 of the Building Act, where specified landscaping is “only” subject to territorial approval.