As we announced last week, in our January alerts, we want to familiarize you with issues related to local spatial development plans ("MPZP" or "local plan"). It's worth remembering that, in addition to the MPZP, property development principles may stem from other spatial planning documents, such as: (i) the voivodeship spatial development plan, (ii) the study of conditions and directions of spatial development, (iii) the local reconstruction plan, and (iv) the local revitalization plan. However, we want to focus on the MPZP, as it is the most common document.
A local plan is an act of local law, referred to in Article 87, Section 2 of the Constitution. Detailed rules for adopting local plans are regulated by the Act of 27 March 2003 on Spatial Planning and Development, as well as regulations that municipal (city) authorities are obligated to follow. Generally, a local spatial development plan must also be consistent with the study of conditions and directions of spatial development adopted by the municipality (city).
The local spatial development plan (MPZP) is adopted by the municipal (city) council and published by the voivode in the provincial official journal. The plan is adopted in the form of a resolution, which is an expression of planning authority. This authority allows for the limitation of property rights to properties within the plan area. Therefore, when adopting a local spatial development plan, the commune (city) is obligated not only to comply with generally applicable regulations but must also be guided by the principles of proportionality and the balance of private and public interests.
The municipal (city) council adopts resolutions to initiate the preparation of a local spatial development plan, to amend it, and to adopt it. The body responsible for preparing a local spatial development plan is: (i) the commune head (in rural communes), (ii) the mayor (in urban or urban-rural communes, in cities with fewer than 100,000 inhabitants), (iii) the city president (in cities with more than 100,000 inhabitants or that were the seat of a voivodeship before January 1, 1999). Therefore, the commune head/mayor/city president is obligated to conduct the entire procedure, including making arrangements and receiving comments, which precede the adoption of the local spatial development plan.
The local spatial development plan (MPZP) primarily defines the intended use, conditions for land development, and the location of public-purpose investments. It consists of a textual section (resolution), a graphic section (an annex to the resolution), and required decisions (including a list of unaddressed comments, discussed below) that constitute annexes to the resolution. The provisions of the local spatial development plan, along with other regulations, shape the manner of exercising ownership rights to real estate, and may even change the current land use. This is a crucial right, affecting, among other things, the right to purchase and the value of the property.
Municipalities are required to publish registers of local spatial development plans on their websites. Resolutions regarding local plans are most often published in the Public Information Bulletin (BIP). All local laws adopted by municipalities are published on the websites of the provincial official journals (the effective date of the local spatial development plan is calculated from the publication date). Until now, only some offices have provided their own map portals where local spatial development plans were published or submitted information to the Spatial Information Infrastructure Geoportal (geoportal.gov.pl). However, as we informed you in Alert #26, as of October 31, 2020, municipalities (cities) are required to create and share spatial data sets in electronic form, which aims to digitize spatial development to the greatest extent possible. Thanks to these solutions, online access will be available now for new local spatial development plans, and within 2 years for all those adopted before October 31, 2020, and it will be possible to check the provisions of the development plan applicable to a specific plot without contacting the office.
From the investor's perspective, the key stage is the process of preparing the draft plan, which allows for the submission of proposals and comments. This procedure will also be the subject of a subsequent alert. We invite you to read on.
This alert is for informational purposes only and does not constitute legal advice.
author:
