In today's article from the series entitled " Tuesday Mornings for Construction ", we will discuss an extremely important issue related to spatial planning, specifically what can be done if the local spatial development plan changes the purpose of the property.
What does the legislator say?
It's important to note from the outset that the adoption or amendment of a local spatial development plan (MPZP) does not automatically change the current use of a property, provided, of course, it complies with the law. This is stipulated in of the Spatial Planning and Development Act. In other words, if the owner legally conducts business (e.g., agricultural or commercial) and does not violate the plan or building permit, the MPZP will not force an immediate change in the property's use. The same provision allows for the reconstruction or renovation of existing buildings and the installation of facilities without changing their use, in accordance with the Building Law, as long as the changes occur within the framework of the current land use.
Example: If a new plan transforms agricultural land into construction land, the existing agricultural field may continue to be used for agricultural production until the land is developed in accordance with the intended use included in the MPZP.
Problems arise, however, when the owner wishes to expand the business, change the facility's function (e.g., from residential to commercial), conduct new construction , etc. This requires planning compliance for the new development – the new use must be approved for that zone by the local spatial development plan (MPZP). If the plot is covered by the local spatial development plan, the relevant authority issues a certificate confirming that the plan permits the intended use. Otherwise, the office must refuse such confirmation. In such a situation, the change is impossible without amending the local spatial development plan.
What does the case law say about this?
The effects of changes to land use designation introduced by local spatial development plans (MPZPs) have been the subject of numerous administrative court rulings. In its judgment of 12 April 2018 (II OSK 2527/17), the Supreme Administrative Court indicated that the current use of land under the provisions discussed above simply means that the land covered by the local spatial development plan may be used in a manner consistent with the property's intended use prior to the entry into force of the local spatial development plan.
Another well-established case law in this context is that a plan cannot arbitrarily restrict the rights of acquired owners . An example is the judgment of the Regional Administrative Court in Poznań of October 9, 2019 (IV SA/Po 314/19), which states that "[…] the adoption of a plan or its amendment does not invalidate the decisions issued permitting the construction of the project specified therein. […] A change to the plan does not restrict acquired rights defined by the issued decision (building permit ). If the investor has a valid decision (building permit), they may implement such a decision regardless of changes made to spatial development."
In summary, the mere adoption of a local spatial development plan (MPZP) does not affect the right to use the property for its current purpose. While the owner is entitled to implement new investments in accordance with the adopted local spatial development plan, they also have the right to carry out renovations and reconstructions consistent with its current function .
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 22, 2025.
Author:
Series editor:
