In today's article from the series "Tuesday Mornings for the Construction Industry," we present a summary of the most important changes to the Spatial Planning and Development Act (" UPZP "), introduced by the Act of November 5, 2025, amending the Spatial Planning and Development Act and certain other acts (" Amending Act "). The Act was signed by the President on November 27, 2025, and its date of entry into force depends solely on its publication in the Journal of Laws – generally, it will enter into force 7 days after its publication.
Validity period of the decision on development conditions
One of the key elements of the amendment is the provisions regarding development decisions (WZ). The new regulations stipulate that not only all WZ decisions that become final and binding before January 1, 2026, but also those for which the application was submitted and the proceedings initiated before October 16, 2025, In the latter case, it is irrelevant when the decision is issued or becomes final or binding.
It is also worth pointing out that the Amendment suspends or interrupts the statutory deadlines for issuing decisions, i.e .:
- 65-day deadline in cases concerning the issuance of a decision on determining the location of a public purpose investment,
- 90 days to issue a development decision (or 21 days for detached, no more than two-story single-family residential buildings with a building area of up to 70 m2 or 65 days for an agricultural biogas plant).
These deadlines do not run until December 31, 2026, and will only start again on January 1, 2027. This means that during the transition period, authorities will not be held accountable for exceeding the statutory deadlines, which on the one hand gives municipalities more time to adapt to the reform, but on the other hand may mean a further slowdown of procedures for investors.
Change of definition and development parameters
The amendment also clarifies the definition of building area. According to the new regulations, the building's floor plan excludes areas recessed below ground level. In practice, this means that underground garages and basement levels do not increase the building area.
The changes also apply to biologically active surface area (BPA). Legislation allows municipalities to lower BPA values in specific situations, including in areas with traffic, on small infrastructure plots, in areas with historic monuments, or where an existing building occupies the entire plot. This represents a step toward more flexible and realistic development parameters.
General planning procedure
The amendment also restructures the process for approving municipal general plans. On the one hand, the list of reviewing bodies has been expanded, and on the other, the number of entities with which the draft plan must be agreed has been reduced. These changes are intended to streamline the planning process.
Importantly, the amendment also allows for the invalidation of a resolution regarding a municipal general plan—including the first general plan adopted in a given municipality. This may apply to the entire general plan or only part of it. This means that general plans, as acts of local law, are subject to full supervisory control and may be repealed in whole or in part .
A significant addition to the changes is the elimination of the so-called "planning gap" – the legislature has ensured that decisions determining the location of public investment projects can be issued even after the study expires (i.e., on June 30, 2026), even if the municipality fails to adopt a general plan by that date. This solution is intended to ensure the continuity of public investment implementation.
Amendment to the Geodetic and Cartographic Law
In November, the President also signed a bill amending the Geodetic and Cartographic Law. This amendment eliminates fees for disclosing data from the real estate price register. According to the bill's authors, this will increase the transparency of the real estate market, providing all participants with free access to current and reliable price information. These regulations will come into effect on February 13, 2025.
Emergency Shelter Sites (EMS)
We would also like to remind you that the provisions of the Act of December 5, 2024, on Civil Protection and Civil Defense will come into effect on January 1, 2026. These regulations require the design and construction of underground floors in public buildings, multi-family residential buildings, and underground garages to enable their use as temporary shelters (MSDs). These regulations will apply to all cases in which a building permit application is submitted from January 1, 2026. Detailed technical requirements are specified in the Regulation of the Minister of Interior and Administration of July 9, 2025, on the conditions for organizing and requirements for temporary shelters.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 1, 2025
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