In today's article, we've decided to provide a range of additional and new information related to the crucial spatial planning reform. Since our last article , published on May 17, 2022, several new developments related to the amendment have emerged that we'd like to share with you.
Currently, the draft law is at the review stage, but work on the reform is slowly gaining momentum, as its adoption is planned for the first quarter of next year.
Below we recall the main assumptions of the reform, along with information that has appeared in the public space since the publication of our last article.
1. General plan
The main change envisaged by the reform is the introduction of a "new" planning tool: a general plan. It is intended to replace the previously prepared Study of Conditions and Directions of Spatial Development of the Municipality. However, unlike the study, the general plan is to have the status of an act of local law, and therefore a source of universally binding law. The word "new" appears in quotation marks at the beginning of the document for a reason, as general plans were adopted under the previous Spatial Planning and Development Act, which was passed in 1994 and remained in force until July 11, 2003, when it was repealed, with certain exceptions.
In this respect, the provisions authorizing the issuance of a study of the conditions and directions of spatial development of a commune, the scope of which will include the general plan, are to be repealed.
The issue of recognizing the general plan as a source of law will have significant consequences, because its provisions will bind municipalities when preparing local plans, as well as when issuing decisions on development conditions, which will also undergo significant changes, as will be discussed later in the article.
As the project authors indicate, the General Plan is to specify:
- generalized functional and spatial structure of the commune by designating planning zones in which previously defined functions of the areas can be implemented,
- the boundaries of the area where it will be possible to supplement the development based on the decision on development conditions,
- the boundaries of downtown development areas for which it will be possible to modify specific investment conditions,
- standards of accessibility of social infrastructure, i.e. the rules for locating new residential buildings in relation to the facilities providing public services.
Importantly, the draft act stipulates that the provisions of the general plan will not constitute a basis for architectural and construction authorities to raise an objection to a construction notification or to check the compliance of the plot or land development plan and the architectural and construction design with it, which is currently being processed in relation to the local spatial development plan.
The general plan is to be much more concise than the study, which will improve its readability and transparency, as well as allow for more efficient standardization.
The reform will require municipalities to adopt general plans by January 1, 2026, or they will be barred from issuing new decisions on the location of public investment projects or decisions on development conditions. However, existing studies will remain in effect until the adoption of the general plan, but no later than December 31, 2025.
2. Changes in the planning procedure
According to the project's assumptions, public participation is a key element of the procedure. Among other things, the introduction of various forms of public consultations, with the possibility of using remote communication tools, will be helpful in increasing its level, as well as unifying the provisions for various planning acts, adapting them to the provisions on public consultations found in other acts (the Act of March 8, 1990, on local government, the Act of October 9, 2015, on revitalization). Furthermore, the entire procedure is to be significantly shortened, as the project stipulates that municipalities will be required to prepare a spatial planning act within eight months, with the possibility of implementing a simplified procedure, under which the adoption of such an act could be shortened to as little as two months. This is a significant change compared to the current situation, in which the adoption of a spatial planning act often takes several years.
3. Changes in the regulations regarding the issuance of decisions on development conditions
According to the draft, development decisions will be bound by the provisions of the general plan – their issuance will be contingent on location within the area designated for development, and a framework will be established for the decisions made in the decisions. The scope of mandatory provisions that such decisions will have to include, among other things, issues of minimum biologically active area and the minimum number of parking spaces. While it is the practice of authorities to specify these parameters, the regulation of such obligations directly in the act should be considered a positive development, as it will eliminate disputes arising in this regard and stemming from the varying practices employed by the authorities.
Furthermore, it was proposed that decisions on development conditions would be valid for 5 years from the date the decision became final.
The 5-year period will also apply to currently issued development decisions, with their expiration date counted from the date the amending act enters into force. It should be noted that the current development decisions are indefinite.
4. Introduction of the Urban Planning Register
One element of the reform is the Urban Planning Register, maintained in an IT system. It is planned to be centralized, with local governments responsible for updating the register with all necessary information. The register will include documents created during the preparation of planning acts, reports from public consultations, administrative decisions related to spatial planning, and rulings of supervisory authorities.
This will be a free, integrated information system, accessible to all interested parties. The Urban Register is scheduled for implementation in 2026.
5. Integrated Investment Plans
The project also introduces integrated investment plans, which are intended to be a new operational urban planning tool, designed to implement large-scale investment projects requiring coordination in terms of equipping them with the necessary technical, communication, and social infrastructure. The project envisages the elimination of current location resolutions. Integrated investment plans are to be considered special types of local plans, and therefore will gain the status of local law.
An interesting idea is to propose that the adoption of the Integrated Planning and Development Plan (IIP) be preceded by negotiations between the investor and the municipality, which would result in the signing of a so-called urban planning agreement containing provisions governing the implementation of a specific investment, especially since the draft envisages extending the special act to include service, commercial, and manufacturing investments. This solution could significantly improve cooperation between the municipality and the investor. However, it should be noted that the adoption of the IIP will require public participation, which could potentially extend the investment's implementation time.
Legislators plan to pass the changes this year, and according to government websites, the planned date for adoption of the bill by the Council of Ministers is the first quarter of 2023. We are currently waiting for the bill to be submitted to the Sejm. We will return to you with an overview of any new changes as soon as they emerge. Next week, we will discuss further legal changes affecting the real estate market.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 22, 2022
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