In the first May article, we will briefly discuss numerous changes in the law on which legislative work began at the turn of March and April 2024 or changes whose entry into force has already been confirmed by the legislator.
New regulation regarding WZ forms
On March 12, 2024, the Regulation of the Minister of Development and Technology of February 20, 2024, on the specification of the template for an application form for determining the location of a public purpose investment or development conditions Journal of Laws. The amendment to spatial planning introduced the obligation to ensure compliance of the conditions and detailed principles of land development and its development, specified in the decision on determining the location of a public purpose investment or development conditions, with the general plan. The same requirement related to compliance with the general plan applies to local plans. As the Ministry emphasizes, in accordance with applicable regulations, the same template applies to applications for determining the conditions of development and land development or applications for determining the location of a public purpose investment in paper and electronic form.
The regulation entered into force 14 days after its announcement, i.e. on March 27, 2024.
Information about the legislative process can be found here .
Amendment to the regulation on technical conditions
On March 29, 2024, a regulation amending technical and construction regulations and on the detailed scope and form of a construction design was published. The effective date of the regulations was changed from April 1 to August 1, 2024. It should be recalled that the amendment is the regulation of the Minister of Development and Technology of October 27, 2023, issued last year, amending the regulation on the technical conditions to be met by buildings and their location (Journal of Laws of 2023, item 2442), which was modified by the new Minister of Development and Technology by the regulation of March 27, 2024 (Journal of Laws of 2024, item 474). The amendment was aimed at curbing so-called "patho-developers," examples of which were presented in the media, among others. micro-studios, insufficient green areas in new housing estates, short distances between apartment blocks, excessive noise in apartments and insufficient lighting, or small playgrounds for children located in the shade.
#Start Loan
The draft act on the #naStart housing loan was published on April 8, 2024, on the Government Legislation Center website. The bill, intended to replace the 2% mortgage, provides for two forms of subsidized housing loans. The first is a mortgage loan, which can be used for: the construction of a single-family home, its completion, and/or the purchase of real estate; the acquisition of ownership rights to a residential unit or single-family home, including completion; the implementation of a housing cooperative investment by a member of that cooperative; and the acquisition of cooperative ownership rights to the premises. Consumer loans granted under the Mieszkanie na Start will also be covered by guarantees from Bank Gospodarstwa Krajowego (BGK). As the Ministry of Development emphasizes, this will make them less risky for banks and allow for lower interest rates to at least the level of mortgage rates. Including subsidies in these loans will provide individuals using social housing resources, both rental and cooperative housing, with preferential support to cover their required expenses.
The list of eligible loan items excludes the acquisition of rights under a reservation or development agreement. The primary condition for receiving subsidies is not having title to the property (except for households with three or more children).
In the case of single-person households, an additional criterion is age – not having reached 35 years of age at the time of submitting the application – link .
Regulations on the method of determining the boundaries of the development area in the general plan of the commune
On April 23 this year, the Draft Regulation of the Minister of Development and Technology on the method of designating the boundaries of the development supplementation area in the general plan of a commune, which is a result of the entry into force of the amendment to the Spatial Planning Act, was also submitted
The project specifies which buildings will be used to define the boundaries of development areas based on the Fixed Asset Classification. This will be the basis for defining building functions on cadastral maps, which will then be the basis for designating development areas.
The draft regulation also details the method for delimiting areas based on distance. At the same time, it will be possible to expand or limit the designated areas, taking into account local conditions and the municipality's spatial policy. In the case of expansion, a permissible area limit has been specified, which will be calculated using a formula.
Information about the legislative process can be found here .
Draft regulation on the method of determining requirements for new developments
On April 26, 2024, a report on public consultations and opinions on the Draft Regulation of the Minister of Development and Technology on the method of determining requirements for new development and land development in the absence of a local development plan .
The draft regulation proposes solutions regulating the process of establishing requirements for new developments, including: maximum development density, minimum and maximum above-ground development density, percentage of building area, width of the front façade, height of building, roof geometry (pitch angle and roof slope layout), minimum percentage of biologically active area, and minimum number of parking spaces. The regulation will also specify the method for determining these parameters based on urban planning analysis.
It should be emphasized that, pursuant to Article 59, Section 1 of the Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts, the provisions of the Act on Spatial Planning and Development in their current wording shall apply to matters concerning the issuance of decisions on development conditions, initiated and not concluded with a final decision before the date of entry into force of this Act (i.e., before 24 September 2023). Comments submitted as part of the review concerned, among other things, the definitions in the regulation of the terms "concurrence of functions" and "concurrence of use," the criteria for concurrence of functions and concurrence of use of real estate, the adopted methods for determining individual parameters, and the waiver of the requirement for minimum development intensity. The following changes are particularly noteworthy: the term "concurrence of functions" has been replaced with the term "same function." The provisions regarding the designation of building lines and the determination of building height have also been modified.
Information about the legislative process can be found here .
Draft Act amending the Act on Waste and the Act amending the Act on Waste and certain other acts
On Monday, April 29, 2024, the Ministry of Climate and Environment published a draft bill amending the Waste Act and the Act amending the Waste Act and certain other acts. One of the key goals the segregation of construction and demolition waste , among others, by local governments .
As the Ministry explains, following an analysis of the regulations concerning the mandatory separate collection of construction and demolition waste, and due to interpretational concerns raised by representatives of the construction and waste management industries regarding the wording of Article 101a of the Waste Act, the effective date of these regulations has been extended from January 1, 2023, to January 1, 2025. The planned regulations will enable local governments to receive higher subsidies than currently available to cover the costs of storing construction and demolition waste. The proposed regulations also allow for the sorting of construction and demolition waste outside the place of its generation. The amendment is also intended to allocate state budget funds for the removal of illegally accumulated waste posing the highest risk to human health and life.
Information about the legislative process can be found here .
Other noteworthy legislative changes currently at the public consultation and review stage include:
The draft regulation of the Minister of Development and Technology amending the regulation on the land and building register provides for an update of the rules for classifying land as land use, contained in Annex No. 1 to the regulation of the Minister of Development, Labour and Technology of 27 July 2021 on the land and building register, by including land occupied by a biogas plant.
A draft bill amending the Act on Social Forms of Housing Development and certain other acts. The purpose of the regulation, which amends, among others, the Special Housing Act and the Real Estate Management Act, is to implement solutions that facilitate the implementation of local housing policy. The plan is to eliminate the requirement for a minimum parking space requirement for residential development and return to the rules in force before 2023.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 6, 2024.
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