In the next October article in our series, "Tuesday Mornings for Construction," we'd like to explore the relationship between the local development plan (ZDP) and the building permit (BDP) in transitional situations. Here, we'll describe three situations where a discrepancy between the issued BDP and the adopted BDP may arise:
- A situation in which the investor has already obtained a PnB based on the decision on the conditions of development and land development ( WZ ), and then the municipal council has adopted the MPZP,
- A situation in which the provisions of the local spatial development plan change after the issuance of the PnB, which is not final, or in the process of obtaining it,
- A situation in which, after the entry into force of the MPZP, the investor would like to change the PnB issued on the basis of the WZ or the old local plan.
One of the fundamental principles of Article 16 of the Code of Administrative Procedure is the permanence of final administrative decisions . This means that if the zoning permit became final before the new local zoning plan came into effect, any plan amendment does not affect its validity or enforceability . The investor retains the right to implement the project in accordance with the approved construction design, even if the new plan provisions conflict with it . In such a situation, the architectural and construction administration authority cannot revoke or amend the permit due to the adoption of a new local zoning plan. This principle applies both to situations where the zoning permit was issued based on the development plan and on a subsequently amended local zoning plan.
The situation is different when, at the time the new local spatial development plan enters into force, the building permit decision is not yet final – for example, an appeal is pending. In such a case, the second-instance authority (the voivode) is obligated to adjudicate the matter in accordance with the current legal status, taking into account the new local spatial development plan . This may lead to the decision being overturned and the construction design being refused approval if the investment is inconsistent with the new local spatial development plan. "This position stems from the principle of timeliness, which is rooted in the principle of legalism, expressed, among others, in Art. 6 of the Code of Administrative Procedure and applies to both the first-instance and second-instance authorities," this is how the Provincial Administrative Court in Kraków, among others, addressed this issue in its judgment of 21 June 2024, case file II SA/Kr 553/24.
However, if the local spatial development plan has been adopted but has not yet entered into force due to vacatio legis , this means that the local spatial development plan is not yet in force, and therefore the authorities cannot issue decisions based on it. Such a plan cannot constitute a legal basis for refusing approval of a construction project. However, opinions on this matter are divided, and there is room for interpretation.
It's worth noting that if an investor has obtained a GNP based on a zoning decision and then, after the new MPZP comes into effect, wishes to amend that decision, the administrative body will assess the compliance of the planned change with the existing local plan . This is because the protection of acquired rights does not cover new or amended rights, so amending the permit will only be possible to the extent the investment remains consistent with the current plan. This position is supported by rulings of the Supreme Administrative Court, including II OSK 445/16: "a building permit, and therefore a decision amending a building permit, must be consistent with the local plan, and with the zoning decision only if there is no local plan." In the same ruling, however, the Supreme Administrative Court indicated that " in the case of implementing a construction project in stages , the protection of the investor's acquired rights resulting from the decision on development conditions, including those understood as the effect of a public promise, is implemented in such a way that at the very beginning of the implementation of such an investment, the investor receives a building permit, which approves the construction design containing the plot or area development plan for the entire project, which means that, firstly, within the scope specified in this design, the investor may implement the investment , and secondly, within the same scope, in accordance with Article 65, Section 2 of the Act on Spatial Planning and Development, the expiry of the decision on development conditions cannot be declared."
In summary , there's no doubt that the local zoning plan is crucial for obtaining a building permit, especially during the building permit process, but also after it has been issued. Therefore, it's worth keeping track of developments in the area of zoning for your property, especially if you have any investment plans.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of October 20, 2025
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