This Tuesday morning, we begin a series on the Act of July 5, 2018, on Facilitating the Preparation and Implementation of Housing Investments and Associated Investments, also known as the Lex Developer Act (" lex developer " or "special housing act"). In this article, we would like to provide you with a general overview of this act.
The developer's lex has been in force for over three years, but the legislature intended it to be a temporary solution, as it will expire on December 31, 2028. After a somewhat difficult beginning, the special housing act has become entrenched in the Polish legal system, and a growing number of investors are choosing to implement investments based on a resolution issued under it, determining the location of a residential investment. Municipal governments are also becoming convinced by the act, with statistics showing that a growing number of applications for these resolutions are being approved.
As a reminder, the Special Housing Act allows for the preparation and implementation of residential developments and so-called accompanying developments regardless of the existence or provisions of the applicable local development plan . However, the requirement is that they must be consistent with the municipality's study of conditions and directions of spatial development and the resolution establishing a cultural park. In addition to this requirement, the Special Housing Act specifies requirements for future developments regarding direct access to a public road, ensuring adequate access to water, sewage, and electricity networks. Furthermore, the Act details the distance from a public transport stop, a primary school that can accommodate an appropriate number of new students, and areas providing access to established recreation, leisure, or sports areas. We will discuss these requirements, known as urban planning standards, in a separate article.
The resolution itself regarding the location of a residential investment is adopted by the municipal council. Most importantly, it does not constitute local law or serve as a local plan, but merely establishes the investment framework for a specific location and designated addressee . Interested parties have the right to appeal the adoption or refusal of the resolution to the administrative court. In subsequent articles, we will also provide an overview of the adoption of this resolution and the potential appeal process.
Individual local governments, authorized by law, have adopted local urban planning standards. In addition to introducing local standards, the Capital City of Warsaw has also introduced instructions for the procedure for reviewing applications for resolutions under the Special Housing Act (which we will discuss further).
Specific provisions of the Special Housing Act and related legislation apply to agricultural land, which is enjoying increasing interest from investors. In this series, we will present exceptions that allow for investments on such land.
In summary, the Special Housing Act allows for the implementation of investments regardless of the provisions of the local zoning plan. However, preparing complete documentation and obtaining a resolution authorizing the investment is relatively complex and requires dialogue with the municipal authorities.
In the next article, we will describe and provide examples of local urban planning standards.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 17, 2021
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