The first day of a new month means it's time for us to summarize further legal changes in the last month as part of our series entitled "Tuesday Mornings for the Construction Industry," the most important of which for the real estate market was the publication of a revised draft amendment to the Spatial Planning and Development Act (hereinafter "Draft"). The draft was adopted by the Council of Ministers on March 25, 2025.
Almost from the very beginning, when the regulations came into force, there was no doubt that municipalities would not be able to meet the deadline imposed by the legislature and adopt general plans by January 1, 2026. The legislature understood this, and therefore proposed the changes we already wrote about in #243 , including the changes to the original project that we want to discuss today. The extension period remains unchanged, meaning municipalities will have until June 30, 2026, to prepare general plans.
The justification for the project indicated that this change is also dictated by the need to allow for the development of general plans without the need to suspend work on local plans and the issuance of decisions on development conditions and land use. However, a significant change has been introduced in the area of development decisions. This means that only legally binding development decisions will be issued indefinitely until the end of 2025. All decisions that become legally binding from January 1, 2026, will have a five-year validity period.
In turn, until June 30, 2026, investors will be able to apply for a development decision if a general plan has not been adopted for the area in question. Adoption of a general plan before June 30, 2026, will mean that development decisions can only be issued in areas where development is to be completed.
Extending the deadline for adopting general plans by another six months will have a significant and practical consequence, allowing for obtaining development decisions even in areas for which general plans would not have been adopted by the end of 2025. This also sends a clear signal that investors can apply for development decisions with confidence throughout 2025, as the deadline for obtaining them – even without municipalities adopting general plans – has been significantly extended.
Provided, of course, that the Bill is passed and enters into force. The Bill was referred to the Sejm for further consideration on March 26, 2025, and assigned the number 1113 https://www.sejm.gov.pl/sejm10.nsf/druk.xsp?nr=1133 . The following day, the Bill was referred for first reading to the Infrastructure Committee and the Local Government and Regional Policy Committee. We will keep you updated on the legislative developments of these changes in subsequent "Mornings."
In conclusion, it is important to emphasize once again the most important practical consequence of the amendment: the emergence of general plans will replace the previously applicable studies of the conditions and directions of spatial development of the municipality and will bind municipal councils in the adoption of local spatial development plans. Furthermore, in their absence, it will be impossible to obtain a development decision, as the absence of a general plan after June 30, 2026, will effectively prevent any new projects within the municipality not covered by a local spatial development plan.
Moreover, the final zoning decisions obtained to date will remain in force regardless of the adoption of the general plan . However, those that do not become final by the end of 2025 will only be able to be used to implement investment plans within five years of their effective date.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 1, 2025
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