Today's and next week's article will be devoted to documents that were created as a response to developers' difficulties in applying the Act of 5 July 2018 on facilitating the preparation and implementation of housing investments and accompanying investments ("lex developer" or "special housing act"), which are two instructions of the Mayor of Warsaw:
1) of 15 July 2020 regarding negotiations with private investors regarding meeting the educational standard in accordance with the Act on facilitating the preparation and implementation of housing investments and accompanying investments (version No. 2) (" Negotiation Instructions "),
2) of 1 February 2021 on the principles of conducting additional consultations on applications for the location of investments implemented under the Act on facilitating the preparation and implementation of housing investments and accompanying investments (" Consultation Instructions ").
Today's article is devoted to the Consultation Instructions.
It's impossible not to notice that problems with implementing investments under the Lex Developer Act arise from the very initial stage, i.e., during public consultations with residents adjacent to the planned investment area. To meet the needs of both investors and Warsaw residents, the Mayor issued the above-mentioned Consultation Instruction. Its primary purpose is to facilitate dialogue among all participants in the process, including Warsaw residents, in order to achieve optimal consensus regarding the implementation of the planned investment.
Moving on to the content itself, the Consultation Instructions define the scope of consultations, which are divided into several stages, which are briefly presented below.
I. Development of the concept by the Office of Architecture and Spatial Planning.
In the first stage, the Office of Architecture and Spatial Planning (BAiPP) reviews the concept submitted by the investor for compliance with the applicable Study and local urban standards, while also taking into account the character of the development in the town and surrounding area, the degree to which housing needs are met, and the needs and development potential of the municipality. Detailed guidelines are included in Appendix 1 of this manual.
BAiPP should provide its opinion on the project within 14 days of receiving the complete set of materials.
II. Establishment of the initial scope of expectations of the road manager by the Office of Mobility and Transport Policy.
After obtaining a positive opinion from BAiPP, the investor submits a description of the communication solutions to the relevant road manager, who performs a preliminary assessment of the proposed solutions.
The road manager should evaluate the solutions and determine the possible scope of the investor's participation in the construction or reconstruction of the road system within 30 days.
III. Public consultations.
This is the most difficult, yet most important, section of the consultation instructions, as it is at this stage that most doubts arise regarding the validity and advisability of the planned investment project. The President's guidelines here were to increase transparency in discussions about the investment. The instructions outline a public consultation process, which consists of:
(i) Providing information on the consultation process, including a presentation of the Concept together with information on the date and form (open, written (including electronic) minutes, collection of comments at the consultation point, design workshops or questionnaires completed independently by respondents);
(ii) Publication by the Social Communication Centre of the Capital City of Warsaw of information about the consultation process on social media (dedicated profile devoted to social consultations);
(iii) Organization and conduct of public consultations by the investor – the instructions indicate that they may take the form of an open meeting with residents, written, including electronic, collection of comments, collection of comments at a consultation point, conducting workshops or surveys,
(iv) Preparation by the investor of a report on the consultation process, which is made public after the consultation is completed.
The investor is responsible for conducting the consultation, the content of the materials and their cost.
This stage should be completed within approximately 90 days of the publication of information about the consultations.
IV. Preliminary opinion of the Municipal Architectural and Urban Planning Commission.
After completing the third stage, the investor will present the investment project to the Municipal Architectural and Urban Planning Commission, which will provide a co-report on the concept. After hearing from the investor, the Commission will present its position.
V. Re-Opinion of the Office of Architecture and Spatial Planning.
This stage will take place if the investor introduces significant changes to the original application as a result of requests submitted during stages II, III or IV.
VI. Preliminary opinion of the Spatial Order Commission.
This stage will also only be used in specific situations where the Mayor of Warsaw deems an additional opinion necessary. In such cases, he or she will request the opinion of the Spatial Order Commission of the Warsaw City Council.
After completing the procedure described above and meeting the formal requirements, the investor may submit an application to determine the location of the residential investment, and the Warsaw City Council will submit a draft resolution determining the location of the residential investment for consideration.
In summary, the Mayor of Warsaw has established a procedure designed to facilitate investors in obtaining a positive resolution from the City Council, after receiving feedback from designated entities. The Special Housing Act has generated considerable controversy since its inception. With this in mind, the Instruction of the Mayor of Warsaw clearly outlines a consultation process designed to facilitate communication and transparency between investors, Warsaw residents, and the City. This procedure is not mandatory, but it appears that while it takes several additional months before submitting the actual application, overall it may prove to be more efficient in obtaining a positive resolution from the Warsaw City Council.
In a week, as we indicated at the beginning, we will analyze the instructions for you – regarding conducting negotiations.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 21, 2022
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