ABSTRACT

If a planning authority is to be able to realise its spatial plans and policies, it has to be able to impose restrictions on the exercise of rights in land and buildings. Legislation – planning law – gives the authority the legal power to do that. Planning law is made within the context of the legal tradition of the relevant country, the context of other relevant laws and the context of ideas about what kind of spatial order is desired. The scope and the content of planning law can differ greatly between different countries, but that law usually contains rules about the same topics: what can be regulated, who may do that, flexibility and discretion, etc. The planning law of a country has consequences for the legal certainty which the citizen can expect and for the organisation of the planning authority.