This coming Sunday, many provisions of the Act of July 7, 2023, amending the Act on Spatial Planning and Development and certain other acts (hereinafter referred to as the " Amendment ") will enter into force. Therefore, today we will continue the topic of changes to the Act of March 27, 2003, on Spatial Planning and Development (the " Act ") and will indicate which implementing regulations to the Act will be issued or amended in connection with the described Amendment.
The two most important regulations will concern the procedure for creating general plans. The first, pursuant to Article 13m, Section 1 of the Act, will be determined by the minister responsible for construction, spatial planning and development, and housing, in consultation with the minister responsible for rural development, regarding the method of designating the development area , taking into account the need to shape spatial order and rationally manage agricultural land, including preventing spatial conflicts and the dispersion of development.
The draft of the second regulation regarding the method of preparing a draft general plan for a commune can already be found on the Government Legislation Centre website (list number 98 ). This regulation will define the characteristics of planning zones (which we wrote about in #153 ), including their functional profile and minimum share of biologically active area, as well as the method of:
- calculating the demand for new housing development and the absorption capacity of undeveloped areas,
- creating a municipal catalogue of planning zones,
- preparation of a draft general plan,
- the use of markings, nomenclature, standards and the method of graphical presentation of spatial data,
- documenting planning work within the scope of the general plan,
- issuing extracts and drawings from the general plan.
Another regulation that will require amendment is the regulation issued pursuant to Article 16, paragraph 2, which is intended to specify the method for preparing a draft local plan in both text and graphics , specifying scales, land use classes, designations, nomenclature, standards, graphical presentation of spatial data, and documentation of planning work within the scope of the local plan. According to the Act, it is intended to address the needs of shaping spatial order, including preventing spatial conflicts and dispersed development, as well as to assess the accuracy of planning work.
The implementing regulations issued pursuant to Article 61, paragraph 6 of the Act will also change, i.e. the minister responsible for construction, spatial planning and development, and housing will specify, by way of a regulation, the method of determining requirements for new development and land development in the absence of a local plan .
Pursuant to the transitional provisions (Article 71 of the Amendment), the above two regulations issued previously under Article 16 paragraph 2 or Article 61 paragraph 6 of the Act shall remain in force until the date of entry into force of new implementing provisions, but no longer than 36 months from the date of entry into force of this Act , and may be amended during that time within the limits specified in Article 16 paragraph 2 or Article 61 paragraph 6, respectively, as worded in the Amendment. No draft of either of the above-mentioned regulations has yet been presented.
about changes to the principles of public participation in the adoption of spatial planning acts in Article #150 , and we encourage you to familiarize yourself with the principles described there. Today, we would like to highlight the regulation to be issued in this regard, specifying the template for the form referred to in paragraph 1 – i.e., the application for a draft spatial planning act , the comment referred to in Article 8i paragraph 1 item 1 of the Act, the application to prepare or amend a spatial planning act, and the application and waiver referred to in Article 8f of the Act, including in the form of an electronic document within the meaning of the provisions of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
of the Urban Planning Register will not come into force until January 1, 2026, and implementing regulations should be issued by that date. We will address this topic separately, but today we will only briefly point out that the Register will be a dataset maintained in an IT system, collecting information and data related to spatial planning and development, including spatial data. Under the Amendment, the Register will be free and accessible to all interested parties.
However, for the Register to function, it will be necessary to issue implementing provisions, namely regulations covering (i) detailed organisational and technical solutions for the Register, (ii) the detailed scope of information and data collected in the Register, and (iii) the procedure for creating, updating and making available the information and data referred to in Article 67d paragraph 1 of the Act.
Furthermore, in accordance with Article 72 of the Amendment, the following implementing provisions issued on the basis of the Amendment will be changed:
- Art. 37m of the Act – i.e. the regulation of the Minister of Infrastructure and Construction on the scope of the draft local revitalisation plan in the text part and the scope and form of visualisation of the provisions of the local revitalisation plan of 1 July 2016;
- Article 64b section 2 of the Act – i.e. the regulation of the Minister of Development and Technology on the specification of the template of the application form for determining the location of a public purpose investment or development conditions of 20 December 2021;
- Article 67, paragraph 3 of the Act – i.e. the regulation of the Minister of Infrastructure on the designations and nomenclature used in the decision on determining the location of a public purpose investment and in the decision on development conditions of 26 August 2003;
- Article 67b of the Act – i.e. the regulation of the Minister of Development, Labour and Technology on spatial data sets and metadata in the field of spatial development of 26 October 2020.
The above regulations should be amended within 36 months of their entry into force, after which they will cease to have effect.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 18, 2023
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