On Sunday, September 24, 2023, regulations amending the Spatial Planning and Development Act entered into force. However, today we will focus on other current changes, primarily the information published last week on the Government Legislation Center website that a regulation amending the regulation on the technical conditions to be met by buildings and their location ("Amending Regulation") has been submitted for the Minister's signature, containing changes introduced as the so-called "stop patodeveloperce" package The vacatio legis period will be approximately three months, but we are well aware that design is a lengthy process, so developers who have not submitted their building permit applications by December 31, 2023, should take these changes into consideration now. Therefore, today we would like to highlight the most important changes.

Pursuant to the Amending Regulation, the provisions will enter into force on 1 January 2024. However, in accordance with the transitional provisions , for construction projects in respect of which before the date of entry into force of the Amending Regulation: (i) an application for a building permit, an application for a separate decision on approval of a plot or land development plan or an architectural and construction design, an application to amend a building permit was submitted, (ii) a decision on a building permit or a separate decision on approval of a plot or land development plan or an architectural and construction design was issued, (iii) a notification of construction or the performance of other construction works was made where obtaining a building permit is not required, (iv) a decision on legalization referred to in Article 49, paragraph 4 of the Building Law and the decisions referred to in Article 51, paragraph 4 of the Building Law were issued, the previous provisions shall apply .

Without going into technical details, we present the most important changes below.

Changes in playground design

There are many changes in this area, and architects designing multi-family residential buildings should familiarize themselves with the changes in detail. First, playgrounds will be required for the construction of a single multi-family residential building with more than 20 apartments . Second, at least 30% of this playground will have to be located in a biologically active area, and at least 50% of its surface will have to receive two hours of sunlight between 10:00 a.m. and 4:00 p.m. Only in city center developments is no less than one hour of sunlight permitted. Third, playgrounds will have to be fenced (although with exceptions).

The area of ​​the children’s playground has also been specified in detail, which will have to be: (i) 1 m2 ^per apartment – ​​if the building or complex of buildings contains from 21 to 50 apartments; (ii) 50 m2 ^– if the building or complex of buildings contains from 51 to 100 apartments; (iii) 0.5 m2 ^per apartment – ​​if the building or complex of buildings contains from 101 to 300 apartments; (iv) 200 m2 ^– if the building or complex of buildings contains more than 300 apartments.

Furthermore, the regulations specify requirements regarding the appearance, surface area, and equipment of playgrounds. All requirements are specified in a total of 15 sections of § 40 of the regulation. The amending regulation also introduces the requirement to provide a utility room for storing bicycles and strollers, with an area of ​​at least 15 m² ^. This room may also take the form of an outbuilding, gazebo, or shelter.

Commercial premises with an area of ​​up to 25 m2²

From January 1, 2024, not only residential premises but also commercial premises will be required to have an area of ​​at least 25 m² ^. However, there will be a few exceptions to this rule. First, if the commercial premises are located on the first or second floor above ground level (ground floor or first floor) and have direct access from the outside of the building.

Secondly, this requirement will not apply to premises located in collective housing buildings or single-family residential buildings with separate commercial premises. In our opinion, this exclusion should also cover commercial premises in non-residential buildings, such as office buildings or shopping malls. There is no doubt that in these buildings, there is no possibility for an investor to sell premises there for investment purposes as "residential premises," which is precisely what this change was intended to prevent.

Thirdly, smaller commercial premises will be allowed to remain in buildings for which a building permit was issued before 1 January 2024 or a construction notification was submitted to which the architectural and construction administration authority did not raise any objections or a certificate was issued stating that there are no grounds for raising an objection, as referred to in Article 30, Section 5aa of the Building Law.

Less "concrete"

Under the new wording of § 39, on building plots designated for the construction of multi-family residential buildings, healthcare buildings (excluding clinics), and educational and care facilities, at least 25% of the plot area must be designated as biologically active land , unless a different percentage is specified in the local development plan. For publicly accessible squares over 1,000 m², ^this percentage must be 20% (unless the local development plan specifies a higher percentage).

The regulation also defines a publicly accessible square , which should be understood as a publicly accessible area used for recreation and communication, and also serving a representative function. This is an area designated in the local development plan as a square or market square, or as a public road communication area, and in the absence of a local development plan, as land designated in the land and building register as recreational and leisure areas or as a road, designated with the symbol Bz or dr, respectively.

Limited parking spaces for disabled people

In accordance with the Amending Regulation, a restriction has been introduced on parking spaces located close to building windows. According to the new wording of § 20, no more than 6% of the total number of passenger car parking spaces used exclusively by disabled persons, but no less than 1, may be located close to building windows without restrictions.

Increasing the distance between buildings

The drafters' goal was to prevent neighbors from peering into each other's windows under the amended regulations. Therefore, among other things, the list of cases specified in §12, section 1 of the regulation has been expanded, so that a building on a building plot should be located at a distance from the plot boundary of no less than : point 3) 5 m – in the case of a multi-family residential building over 4 above-ground stories high, with a wall with windows or doors facing the boundary; and point 4) 5 m – in the case of a multi-family residential building over 4 above-ground stories high, with a wall without windows or doors facing the boundary.

In addition to the elements described in more detail, the changes will also include (i) the introduction of additional requirements to improve acoustic insulation, (ii) a change in the requirements for rooms adapted for feeding and changing babies and for changing adults with special needs, (iii) adding or changing references to Polish Standards, (iv) the introduction of a minimum 30-meter distance for production and warehouse buildings with a building area of ​​more than 1000 m2 ^from the wall of a multi-family building.

In summary, we fear that the above changes will result in another increase in apartment prices. We remind you that construction costs are already comparable to land purchases, so reducing the number of apartments completed on a given plot will result in higher prices.

You can read the full text of the Amending Regulation on the RCL .

Referring to the current changes, we would like to draw your attention to two amendments that introduce changes to the content of documents related to concluding development agreements, in particular in the information prospectus , introduced:

1. The Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts – which adapts the content of the prospectus to the changes introduced by the Act. These changes apply to all prospectuses sent and attached to agreements from 24 August 2023,
2. The Act of 7 July 2023 on a Pan-European Personal Pension Product – under which residential escrow accounts may also be established and maintained by cooperative savings and credit unions (hereinafter referred to as "credit unions"), referred to in the Act of 5 November 2009 on cooperative savings and credit unions. Fortunately, the existing provisions apply to information prospectuses prepared or delivered before the date of entry into force of the Act, however, all prospectuses sent to buyers and agreements concluded from 26 September 2023 require updating .

This article is for informational purposes only and does not constitute legal advice.

Legal status as of September 26, 2023

Paweł Kopytowski

Trainee attorney
+48 22 856 36 60 | p.kopytowski@kglegal.pl

Dr. Joanna Barzykowska

Attorney, partner
+48 502 677 504 | j.barzykowska@kglegal.pl