Poland Amends Its Zoning Act

• Published date: 22 January 2024
• Subject Matter: Real Estate and Construction, Energy and Natural Resources, Energy Law, Construction & Planning, Real Estate, Renewables
• Law Firm: Schoenherr Attorneys at Law
• Author: Katarzyna Sulimierska

An amendment to the Polish Zoning Act came into force on 24 September 2023. The general plan will replace the study of conditions and directions of spatial development of the commune. Unlike the study, it will be an act of local law. This means that its findings will serve as the foundation for the adoption of local zoning plans and the issuance of zoning decisions. It will need to define planning zones and municipal urban planning standards. It will also be possible to determine areas for supplementing development and areas for supplementing the development of the downtown core. The plans will have to be prepared by the end of 2025.

The general plan will be in digital form. This addresses the existing issues present in the traditional paper version of the study and local zoning plans, where the lines delineating the boundaries between zones lack the precision necessary for interpretation down to the square metre on the ground.

Important changes for zoning decisions

Old zoning decisions will remain practically unchanged and will continue to block the space. Currently, zoning decisions are issued wherever a local zoning plan is not in place. Starting from 1 January 2026, the validity period of new zoning decisions will be limited to five years from the date when the decision became final. The possibility of issuing zoning decisions will have to be included in the plan, i.e. in special development areas. If an investment is located outside such an area, the commune will not be able to issue the decision. According to the amendment, large renewable energy sources will be situated based on the local zoning plan, while small renewable energy sources may be situated based on the zoning decision. In the latter case, the condition of locating the investment in the development area will not have to be met.

Integrated investment plans

This is a totally new concept. Integrated investment plans will be prepared at the investor's request. They will be adopted by the commune council, upon an application submitted through the mayor, resulting in the repeal of the relevant part of the local plan, if...