Last week, we discussed what an integrated investment plan ("IPP") is. In today's article in the series "Tuesday Mornings for the Construction Industry," we'd like to explain the key differences between an IIP and a resolution on the implementation of residential and associated investments (" ULIM ") implemented in accordance with the Act of July 5, 2018, on facilitating the preparation and implementation of residential and associated investments (" Special Housing Act ").
First, they have different legal bases – in the case of the Spatial Planning and Development Act, and in the case of the ULIM, the Special Housing Act. Second, they differ in legal force: while the ZPI is a new planning instrument, it is a local plan – an act of local law – while the ULIM is a hybrid between a zoning decision and a local plan. The ZPI allows for the planning of multifunctional parts of the city, while the ULIM is limited to a specific investment.
ZPIs, unlike ULIMs, replace local plans in force in a given area. In the case of ZPIs, the legislator also provided for broader public participation in determining their content. Furthermore, the city council, through its representative, participates in negotiating the urban planning agreement with the investor.
All ZPI must be consistent with the study of the conditions and directions of development of the commune, and after the adoption of general plans – with these plans.
In the case of resolutions under the Special Housing Act, if a general plan has not entered into force in a given municipality, compliance with the municipality's existing study of conditions and directions of spatial development must be ensured. The requirement of non-contradiction with the study does not apply to areas:
1) which were used as railway, military, production or postal services areas and these functions are no longer carried out there,
2) where a commercial facility with a sales area exceeding 2,000 m2 is or may be located2,
3) on which the office building is located.
ZPI may be adopted both when there is no local development plan in force in a given area and when the provisions of the applicable local development plan do not allow for the implementation of the planned investment – in such a case, ZPI causes the local development plans or parts thereof to lose their binding force in relation to the area covered by ZPI.
In the case of ULIM, a resolution establishing the location of a residential investment expires if the decision granting a building permit for the residential investment has not become final within six years from the date of its publication in the provincial official journal. The regulations regarding ZPI do not contain such time limits.
The ZPI and the resolution issued under the Special Housing Act also share certain similarities . Both the ZPI and the ULIM cover the main investment and the accompanying investment. In the case of the ZPI, however, the legislator decided not to define the subject of the main resolution, therefore the subject of the ZPI can be both residential and non-residential investments. In the case of the lex developer, investors can only implement residential (and accompanying) investments.
A comparison of the definitions of "accompanying investment" from the Special Housing Act and "supplementary investment" from the Spatial Planning and Development Act shows that they are essentially the same.
In the case of both resolutions, the municipal council has full freedom to decide whether to consent to their preparation and then whether to adopt them.
In summary, although they may seem similar at first glance, ZPI and ULIM exhibit a number of differences. Depending on the specific case, investors will have the opportunity to choose which of these planning instruments best suits their needs by the end of June 2025.
We also inform you that the amendment to the Social Housing Act adopted by the Sejm also amends the special housing act by repealing the mandatory 1.5 parking space ratio for each apartment in new developments (the ratio was one in city center zones). These limits may be introduced individually by the municipal council in local urban planning standards.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 28, 2025
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