In today's article, we continue our analysis of the Act of May 26, 2023, amending the Act on Spatial Planning and Development and certain other acts ( the "Draft" ), focusing on the main changes to the Act on Spatial Planning and Development ( the "Act" ). Today, we will discuss changes to obtaining decisions on development and land development conditions ( "WZ decisions" ).
On June 1, 2023, the bill was submitted to the President of the Republic of Poland and the Speaker of the Senate. It has now been referred to the Senate Infrastructure Committee and the Local Government and State Administration Committee.
First, according to the Project, the study of conditions and directions of spatial development is to be replaced by a general plan, which is to be a new planning tool for municipalities. This plan will play a crucial role, as it will be the basis for issuing, among other things, development decisions. This is a crucial change, as previously, development decisions were issued independently of the study's findings. More information on general plans can be found in our previous alerts: #148, #149.
After the changes come into force, the issuance of a development decision will be linked to the location of the development in the area supplemented by the general plan of the commune and the requirement of compliance with the general plan in terms of the functions of the development and urban planning parameters and indicators.
The bill also introduces a validity period for development decisions. After five years from the date on which the decision becomes final, it will expire. This means that it will no longer be possible to apply for a building permit based on it. The limited validity period will also apply to development decisions for which proceedings were initiated before the Bill's entry into force, and even to those issued before the amendment enters into force, but which are not final and binding. Only development decisions that were issued and remain final by the date the amendment enters into force will remain in force, and based on them, the investment can be continued under the previous terms.
We would like to emphasise that if a local development plan is in force on the plot at the time the amended Act comes into force, it will not lose its validity, as such plans are not subject to expiration.
Until now, if there is no local development plan for a given area, from the date the amended Act comes into force, the investor will still be able to apply for a development decision. However, an additional condition has arisen: from January 1, 2026, the investor will not be able to obtain a development decision until a general plan has been adopted in the given municipality.
Therefore, development decisions will be issued under the new rules after the regulations come into force, but until December 31, 2025, they will be issued even if a given municipality does not have a general plan. However, from January 1, 2026, an investor will only receive a development decision if the municipality adopts a general plan that provides for development areas for a given plot . However, the draft provides for exceptions to this, and this will not apply to investments that change land use in a manner other than the construction of a building, or the construction of a building involving reconstruction, expansion, or superstructure. At the same time, we emphasize that if a municipality establishes municipal standards for the accessibility of social infrastructure in the general plan (more on this here: #154 ), the investor will also be required to meet these requirements.
It's worth mentioning that new rules for determining the analysis area will apply to applications submitted after the Project's entry into force. The Project assumes that the analysis area will be equal to three times the width of the plot's frontage, with a minimum of 50 meters and a maximum of 200 meters . Accordingly, if the plot's frontage is 30 meters wide, the analysis area will be 90 meters wide.
In conclusion, it is important to remember the special relationship between general plans and development decisions. Adoption of a general plan will not result in the loss of validity of local plans. The Act stipulates that municipalities' spatial development studies will remain in force until the general plan is adopted, but no longer than the end of 2025. It is worth noting that if a municipality fails to adopt a general plan by January 1, 2026, it will not be able to issue new development decisions until the general plan is adopted in accordance with the Draft.
Work on the Project is progressing rapidly, so if you're unfamiliar with it, we encourage you to read our previous articles. The Project introduces solutions that increase the impact of public consultations on spatial planning. In line with the Ministry's objectives, various forms of consultation have been introduced. For those of you who wish to delve deeper into the issue of public participation, we invite you to read our study: #150.
The bill also eliminates current location resolutions, which will be replaced by Integrated Investment Plans (IIPs). It's also worth noting that the amendment to the act introduces a new, free IT system – the Urban Planning Register. For more information about IIPs and the Urban Planning Register, please read one of our previous alerts: #102.
As you can see, the amendment is far-reaching. Therefore, we encourage you to read our alert: #144 , which presents the general principles and the effective dates of each change.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of June 12, 2023
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