The Ministry of Development and Technology is working on a draft amendment to the Act of March 27, 2003, on spatial planning and development (the “Act”; “Amendment”). The most controversial issue is the revolutionary changes in the procedure for issuing applications for decisions on development conditions („zoning decision”) announced since autumn 2025. They will affect the long-term nature of zoning decisions and significantly limit the possibility of issuing them.
The original intention of the Amendment was to limit the right to submit applications for zoning decisions to owners and perpetual usufructuaries of the real estate covered by the application. In practice, this change would mean that investors would have to obtain powers of attorney from the above-mentioned persons/entities in order to obtain information about the possibility of developing land not covered by the local spatial development plan.
Further work on the Amendment led to a modification of the above assumption. At this point, the Ministry of Development and Technology intends to link the possibility of obtaining a zoning decision with the right to dispose of land for construction purposes. As a result, applicants requesting a zoning decision will have to have the right to dispose of the property for construction purposes within the meaning of the construction law. A statement on the disposal of the property for construction purposes, submitted under penalty of criminal liability, the template of which will be specified by the minister responsible for construction, will be attached to the application for a zoning decision.
It should be noted that the right to dispose of real estate for construction purposes is vested in owners, perpetual usufructuaries, and holders of limited property rights such as easements or cooperative ownership rights to premises. It may also arise from management and contractual relationships providing for this right, such as lease or tenancy.
The Amendment also provides for the repeal of Article 63(1) of the Act, which allows more than one applicant to be issued with a zoning decision for the same land. This would mean that only one zoning decision could be issued for a single plot of land, which would drastically limit the possibility of assessing the potential development of a given property.
If the draft Amendment is adopted in its current wording, the above-described changes concerning zoning decisions would enter into force on January 1, 2027.
Practitioners point to the fundamental nature of the proposed changes and their negative impact on the investment process. Currently, investors often obtain a zoning decision in order to learn about the investment potential of a property. The need to obtain the right to dispose of the property in order to obtain such information means a certain lengthening of the investment process and increased costs.
The amendment aims to limit the obtaining of zoning decisions for speculative purposes and to relieve the burden on municipalities. In recent months, the number of applications has risen sharply – the mass submission is due to fears of investment paralysis related to the potential failure of municipalities to meet the June 30 deadline (to be postponed to August 31) 2026 for the adoption of general plans. Property owners fear both the inability to issue zoning decisions due to the lack of a general plan and that, once the general plan comes into force, the possibility of developing their properties may be limited or prevented. However, it is doubtful that the changes proposed by the Amendment will calm the mood and relieve the municipalities – on the contrary, their introduction may only add to the fears of owners and investors, as a result of which the number of applications for zoning decisions will continue to increase.
Finally, it must be reminded that even a potential postponement of the deadline for adopting general plans in municipalities to August 31, 2026 may prove insufficient to meet the statutory deadline. In view of the above, the coming months are crucial for investors, and it is essential for them to submit applications for zoning decisions for areas not covered by local plans in order to secure their interests.