Continuing the topic of draft statutory amendments, in today's article from the series "Tuesday Mornings for the Construction Industry," we would like to present proposed amendments to the Act amending 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 (project number: UD224 , "Project" ). The draft act was published and presented for consultation in late December 2025, but the submitted comments have not yet been published.
The drafters indicate that the changes aim to streamline proceedings, clarify concepts, and align Polish regulations with EU law. In practice, however, this means a significant reshuffling of authority competencies, expanding the scope of parties to proceedings, and further formalizing the environmental decision-making procedure.
Environmental decision not in the commune, but in the district
A significant systemic change will be the transfer of authority to issue environmental decisions from municipal authorities to district heads . The bill's justification indicates that municipalities, due to the small number of cases and lack of specialization, are unable to ensure sufficient substantive quality of environmental proceedings.
For many investors, this will mean concentrating environmental proceedings at the district level, intended to ensure greater specialization of the bodies handling cases, but also risking longer proceedings in district offices, which are already overburdened with other administrative tasks. In the case of cities with district rights, these decisions will continue to be issued by city mayors.
More parties to the proceedings
The project envisages a significant expansion of the circle of parties to proceedings for issuing environmental permits. The rules for determining the parties based on the land and building register will be streamlined, and the requirement to report the number of parties exceeding 20 will be introduced. From the investor's perspective, precise determination of the project's impact area and accurate spatial data will be crucial.
In practice, this will mean more frequent use of notifications in the form of announcements, which does not always translate into a greater risk of appeals against decisions, because not every entity regularly analyses office announcements.
Electronicization of proceedings – an obligation, not a choice
If the Project comes into effect, it will be mandatory to submit applications for environmental decisions in electronic form (in addition to the currently permitted paper format) and standardize document formats and spatial data. The central tool will be the Environmental Impact Assessment Process Management System (EIACP).
The end of "application assessment" for potential projects
The project aims to reinstate the previous approach , which prohibited the conduct of an environmental impact assessment solely at the investor's request for projects that could potentially have a significant impact on the environment. The decision on whether an EIA is necessary will once again rest with the authority.
The end of delegating matters between RDOŚ
The bill aims to repeal the exception allowing for the transfer of cases between regional environmental protection directorates. Consequently, the competent RDOŚ will always be the one with local jurisdiction , regardless of the workload. Unfortunately, this could lead to further variation in the duration of proceedings across regions and the extension of ongoing proceedings.
More time for society – less predictability for the investor
The draft provides for the possibility of extending the deadline for submitting comments and proposals by the public , depending on the complexity of the matter. While the minimum 30-day deadline remains standard, the authority will be able to extend it. From the investor's perspective, this may potentially result in longer procedures and the need to actively manage public communication.
Entry into force and transitional provisions
In principle, the new regulations are to take effect 30 days after their announcement, which is very soon . Some regulations – particularly those related to full digitalization and the SOPOOŚ system – would take effect on January 1, 2027.
The transitional provisions stipulate that the current wording of the Act, initiated and not completed before the effective date of the Draft, shall apply to matters regulated by this Act. However, proceedings for the issuance of decisions on environmental conditions conducted by commune heads, mayors, or city presidents, which are suspended as of January 1, 2027, pursuant to Article 63, paragraph 5, and Article 69, paragraph 4, of the Act amended in Article 1, shall be transferred to the district heads by January 31, 2027.
Summary
The proposed amendment to the act represents a significant overhaul of environmental procedures . On the one hand, it may ensure greater consistency, specialization of authorities, and digitalization of proceedings, but on the other, it will increase formality, the number of pages, and procedural risks.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 9, 2026.
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