In today's article from the series "Tuesday Mornings for Construction," we present an article about changes to the law that occurred in September and October. The changes outlined below will be particularly (but not exclusively) important for developers, both large and small, as well as for individuals planning to build their own home.
Amendment to the regulation on technical conditions – the so-called Stop Padeveloper Package
As we wrote last week, a draft regulation amending the regulation on technical requirements for buildings and their location, as part of the so-called "stop patodeveloperce" package, was submitted for signature to the Minister of Development and Technology. As of this morning's publication date, it had not been published in the Journal of Laws. We described what is changing and when in this article #170.
Amendment to the Geological and Mining Law Act
On September 27, 2023, the Act of June 16, 2023 amending the Geological and Mining Law and certain other acts (the “ Amendment of Geological Law ”) was published in the Journal of Laws.
The amendment to the Geological Law introduced, among other things, a legal definition of a strategic deposit , which will be understood as a mineral deposit that, due to its importance to the economy or national security, is subject to special legal protection . Recognition of a deposit as a strategic deposit will be based on a decision by the minister responsible for environmental affairs, who, within two years of the entry into force of the amendment to the Geological Law, will ex officio initiate proceedings to recognize the mineral deposit or part thereof as a strategic deposit, with respect to mineral deposits documented before the entry into force of the amendment.
This is of significant importance for the feasibility of development in an area where a strategic deposit is located. According to the new wording of Article 94a, Section 12 of the Geological and Mining Law, in a decision recognizing a mineral deposit as a strategic deposit, the minister responsible for environmental affairs may specify conditions that the municipality should consider in the spatial planning and development process , i.e., when adopting local plans. In particular, the municipality should consider the need to prohibit permanent development or other development of the designated area of the strategic deposit in a way that would exclude the possibility of development of that deposit.
Claims of perpetual usufructuaries on non-residential land
We would also like to remind you that on August 31, 2023, the Act of May 26, 2023, amending the Act on Municipal Self-Government, the Act on Social Forms of Housing Development, the Act on Real Estate Management, the Act on Tax on Civil Law Transactions, and certain other acts (the " Amendment to the Land and Mortgage Act ") entered into force. The amendment to the Land and Mortgage Act introduced a claim to acquire ownership rights for perpetual usufructuaries of land that have not yet been enfranchised by operation of law or by administrative decision. Previous perpetual usufructuaries of land have gained the right to demand that the State Treasury or a local government unit sell the land they use. This claim can only be exercised within 12 months from the date the amendment to the Land and Mortgage Act enters into force , i.e., until August 31, 2024.
The claim to acquire real estate is available to all perpetual usufructuaries with certain exceptions, namely the claim is not available to:
a. in relation to real estate that was granted perpetual usufruct after 31 December 1997,
b. to a perpetual usufructuary who failed to fulfil the obligation specified in the agreement on granting perpetual usufruct to the real estate,
c. in the event that the subject of the sale were to be land located in the area of ports and marinas,
d. when the land is used for maintaining a family allotment garden, e. in relation to undeveloped real estate.
Amendments to the Act on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments and certain other acts
On September 15, 2023, the Act of July 13, 2023, amending the Act on providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments and certain other acts (the " Amendment to the ") was published in the Journal of Laws.
The amendment to the Environmental Impact Assessment (UUIŚ) introduces, among other things, a significant change to the procedure for issuing decisions on environmental conditions. The first stage of the analysis by the body competent to issue decisions on environmental conditions in accordance with the amendment to the UUIŚ will be an analysis of the project's location's compliance with the provisions of the local spatial development plan , and in the case of a project implemented in a maritime area, with the provisions of the spatial development plan for internal maritime waters, the territorial sea, and the exclusive economic zone.
If the project's location is found to be inconsistent with the provisions of the local spatial development plan or the spatial development plan for internal maritime waters, the territorial sea, and the exclusive economic zone, the authority is obligated to issue a decision refusing consent for the project . The amendment to the UUIŚ will enter into force on October 16, 2023.
Speaking of changes in the procedure for obtaining environmental decisions, it is worth recalling that on September 13, changes to the implementing regulation to the discussed act came into force, according to which, among other things, the size of parking spaces was increased, as we wrote about in the article #167.
Changes in developer prospectuses
At the same time, we would like to remind those of your developers who are implementing development projects or investment tasks in accordance with the Development Act of 2021 once again that two amendments came into force in September, which change the information included in information prospectuses, i.e.
- The Act of July 7, 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 contracts from August 24, 2023 .
- 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 onwards require updating .
In order to avoid possible customer claims, including withdrawals, we recommend that changes be implemented immediately.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 3, 2023.
authors:
