In the next article in our series, "Tuesday Mornings for Construction," we'd like to present the differences between a local development plan (MPZP) and a development decision (WZ). While they play a significant role in shaping our surroundings, the validity of a MPZP prevents the issuance of a development decision.
Local development plan
As a reminder, a local spatial development plan is an act of local law adopted by the municipal council, meaning it applies only within its territory. The local spatial development plan specifies, among other things, the purpose and method of land development, the location of public-purpose investments, development parameters, principles of environmental, landscape, and cultural heritage protection, and is binding on all owners and users of real estate within its area of application. The local spatial development plan remains in effect until it is amended or repealed by a new resolution on the matter, or is declared invalid (in whole or in part, as we have discussed above). #261).
Decision on development conditions
A development decision is issued when a local development plan has not been adopted for a given property. Unlike a local development plan, this is an administrative decision issued by the head of a commune, mayor, or city president to the applicant for the specific property specified in the application. A development decision establishes the possibility and conditions for development of a given property based on the so-called "good neighbor principle," i.e., an analysis of the property's surroundings to ensure that the new development does not significantly deviate from the character of existing development.
The need to obtain a development decision also arises when the property is not covered by a local spatial development plan (MPZP) and the applicant would like to, for example, construct or extend a building or other construction object, change the use of the building object or part of it, or carry out other construction works that could result in a change in land use.
As of September 16, 2025, a zoning decision is valid until a local development plan is adopted for the property or the issued decision is amended. However, zoning decisions that do not become final before January 1, 2026, will only be valid for a period of five years. After this period, the decision will expire by operation of law, and the investor who failed to obtain a building permit will have to go through the process of obtaining a zoning decision for the property again.
Local development plan and decision on development conditions – the most important differences
As we have already indicated, local spatial development plans are generally documents that apply to a specific area of a municipality or sometimes even the entire municipality. A zoning decision, on the other hand, is an administrative decision issued for a specific property designated by the investor (though it is not limited to a single plot or even the land and mortgage register).
The fundamental difference between the MPZP and the WZ decision lies in their hierarchy in the legal system – when a local spatial development plan is in force in a given area, it is impossible to obtain a decision on development conditions.
The situation becomes more complicated if, after obtaining a development decision, a local spatial development plan (MPZP) is adopted for the area where the property is located. In such a situation, if:
- the investor did not obtain a final building permit – the WZ decision remains in force only if its provisions are not inconsistent with the provisions of the MPZP,
- the investor has obtained a final decision on the building permit – the WZ decision remains in force even if it is inconsistent with the MPZP.
In summary, the local spatial development plan (MPZP) takes precedence over development decisions. Adopting a local spatial development plan (ZDP) for a given area not only precludes the issuance of new development decisions but can also overturn decisions that have already been issued. Current changes in spatial planning clearly indicate a gradual shift away from development decisions towards local spatial development plans, which is intended to achieve more sustainable spatial development.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 15, 2025
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