On July 24, 2023, President of the Republic of Poland Andrzej Duda signed the Law on Amending the Law on Spatial Planning and Development and Certain Other Laws. What will change in spatial planning?
Changes in spatial planning are one of the main topics of discussion in the context of urban planning. The current system for many years implied the creation of spatial chaos, which, according to calculations by the Polish Economic Institute, cost us 84 billion a year. The changes now enacted are one of the milestones envisioned as part of the National Reconstruction Plan. What will the law signed by the President change?
A general plan instead of a study
The law introduces the institution of a municipal general plan. Ultimately, this document is to be an act of local law that will replace the municipality's study of land use conditions and directions. The study will remain in effect until the municipality enacts a municipal general plan. This cannot be longer than December 31, 2025. The general plan is to be the basic scheme for spatial development, and its provisions will be binding for both local plans, ZPI (integrated investment plan) and development conditions.
public participation required
As part of the amendment, a chapter on public participation was added to the Law on Spatial Planning and Development, which is to consist of adequate participation of stakeholders in the preparation of planning acts, exchange of opinions and needs regarding spatial policy. The law requires that participation be conducted so that active participation of stakeholders is possible, while at the same time ensuring openness and efficiency of the proceedings.
Additional integrated investment plans and urban planning registry
In addition to the general plan and the addition of a chapter on participation, the law also introduces the institution of an integrated investment plan. According to the procedure, when an investor applies to the mayor of a municipality with a proposal, the municipal council may decide to adopt an integrated investment plan. This special type of local plan covers both the area of the main investment and the complementary investment.
As part of the amendment to the Spatial Planning Law, the „Urban Register” is to be implemented. This registry is to perform the function of collecting and providing access to documents related to the process of drafting planning acts, reports on public consultations, administrative decisions related to spatial planning and decisions of supervisory bodies. Importantly, the use of the Urban Register will be completely free of charge.
"Vuzetts" only for five years
The draft law provides for the introduction of a period of validity for the zoning decision. After the expiration of five years from the date, it will be invalidated, which means that it will not be possible to apply for a building permit based on it. The expiration is also to cover decisions issued before the amendment came into force. The building conditions currently in legal circulation will expire five years from the day the new law enters into force.
vacatio legis and beginning of discussion
The law will enter into force 30 days after the date of promulgation, although a longer vacatio legis is provided for some provisions. The issues of master plans and their implementation will be the beginning of the discussion of changes in urban planning, which we will report on in the pages of A&B.
Information on the changes to the law is available on the website of the President's office.
