Strategic planning and zoning in the Republic of Poland is regulated by statutory law under the following Acts:
Community authorities are responsible for creating and maintaining zoning and development policy, including drafting resolutions on the case study of terms and directions for local development and local zoning and development plans. It is a guideline for community authorities on how to plan local development in the future. According to the recent changes of the Zoning and Development Act, general plans will replace the case studies of terms and directions for local development. The case studies will remain in force until the date of entry into force of relevant general plan, but no later than 31 December 2025
Under Polish law, a case study of terms and directions for local development cannot be relied on by investors on its own, which means that it does not constitute grounds for issuing a decision on a planning permit and a building permit.
In the event that there is no local development plan, an individual decision on the terms of development must be obtained. The local development plan is, under Polish law, a generally binding regulation, while a case study is not. However, the case study of terms and directions for local development is binding on the public administration authority while enacting the zoning and development plan.
General plans will be generally binding regulations that shall be adopted for the entire municipal area and will form the basis for issuance of zoning decisions and preparation of local zoning and development plans. The general plans shall be prepared by the city councils by the end of 2025.
Moreover, the latest amendment to the Zoning and Development Act introduced new type of plan that may be adopted within an area of the communes – the integrated investment plan. An integrated investment plan is a special form of a local zoning and development plan adopted by a relevant local government body at the request of an investor. Most importantly, the entry into force of an integrated investment plan causes the loss of biding force of local zoning and development plans of their parts relating to the area covered by the integrated investment plan.
Last modified 13 Mar 2025
Yes, except for a few types of development listed in the Building Law Act, planning permission is required before any operational development. Operational development is defined as building, as well as rebuilding, increasing the height of a building, renovation or demolition.
Under Polish law construction works may be commenced solely on the basis of a final decision issuing a building permit. Development must conform to the local zoning and development plan for the area where the property is situated.
Last modified 13 Mar 2025
Yes, there are certain statutory provisions stipulating that any new development must comply with the already existing spatial order. Requirements for new buildings are specified in the local development plan. Where there is no local development plan, an individual decision based on the characteristics of existing buildings in the neighbourhood must be obtained.
The Polish law does not control detailed design or appearance of the new buildings however, if it is found that a building spoils the appearance of the surrounding area, the competent authority shall order, by decision, to remove those non-compliances within the prescribed period.
The rules establishing requirements concerning the method of construction of any new buildings as well as the distance of the external outline of the buildings from the boundaries of the land are stipulated in the Building Law Act and will depend on the character and designated use of the building.
Last modified 13 Mar 2025
Changes to the designated use of any building require permission from the public authorities only if fire-fighting, flood, occupational health, environment and safety or similar issues are affected. Otherwise, a change in the designated use may be made without any permission.
Notification to the competent authority is required.
Last modified 13 Mar 2025
The local government of the community regulates matters concerning the development and designated use of individual parcels.
Local government at the level of the relevant province also legislates on:
The Minister of Funds and Regional Policy ensures the conformity of each province's development plan with national policy as well as coordinates cross-border cooperation regarding development plans.
Last modified 13 Mar 2025
The question of applicability of other statutory permit regimes in relation to planning and development can be determined only on a case-by-case basis as it depends on the nature of the development. Generally, it may include various types of environmental permits, public road access permit, tree removal permits, etc.
Last modified 13 Mar 2025
If the particular land is not covered by a local zoning and development plan enacted by the city council, a planning permit must be obtained prior to the filing of an application for a building permit. According to Zoning and Development Act there is a distinction between planning permits for public developments and for private ones. There are two different decisions. They cannot be issued unless the conditions specified in the Act are satisfied.
The following conditions must be satisfied in order to obtain a planning permit:
It should be stressed that a planning permit may be obtained irrespective of whether the interested party holds legal title to the land. Moreover, any entity is entitled to obtain planning permission since such a decision is not binding and it expires if another planning permission holder obtains a building permit.
Last modified 13 Mar 2025
A third party demonstrating a legal interest may object to a permission for development and a construction permit, provided that third party shows that the decision may have been made unlawfully. There is no statutory definition of a 'legal interest'. In this situation, we can say that there is a legal interest where there is a legal relationship between the real estate and the rights of the relevant third party.
Last modified 13 Mar 2025
Under Polish law, both an application for permission and the permission itself may be reviewed by another body. In particular an application for permission for development may be reviewed by a competent public authority with reference to environmental requirements. The permission itself can be, with regard to the Building Law Act, reviewed by the court.
In the event of a submission of a complaint to an administrative court against a decision granting the building permit, the court may order the suspension of that decision conditional upon the complainants having paid a deposit securing the developer's costs arising out of the suspension of the decision payable if the challenge is unsuccessful. If the complaint is dismissed, the deposit is used to settle the claims of the developer.
Last modified 13 Mar 2025
Time frames for issuing an initial decision on planning or building permits depend on the subject matter of the application and on whether any action is undertaken by the city council to enact a zoning and development plan in respect of the affected land.
Last modified 13 Mar 2025
Under Polish law there is a right of appeal for the applicant for the permit or a third party demonstrating a legal interest against a competent public authority’s decision to refuse planning permission or a building permit.
The applicant may appeal to a higher level authority within 14 days against any decisions issued by a competent first tier authority.
In case of upholding the decision by higher level authority, the applicant have the right to file a complaint against upholding decision to the administrative court, generally within 30 days, however this time may be modified by the specific regulations.
Last modified 13 Mar 2025
This depends on the nature of the development and can only be determined on a case-by-case basis. Generally, the agreements are entered into between a local planning authority and/or utility suppliers regarding the provision of services and connection of new infrastructure, such as new roads, water, sewage, gas, electricity installations, waste disposal.
The costs of services and infrastructure on public land are met by local authorities and utility suppliers. In general, the cost of infrastructure on private land to be connected to public infrastructure system is met by the owner of the land.
Last modified 13 Mar 2025
There is no time limit for the validity of a final and non-appealable planning permission for development or the carrying on of a designated use. However, a competent public authority which has issued such a decision will cancel it if another applicant obtains a building permit for that same development, or if a zoning plan for the area is enacted by the municipal council.
All other planning permissions which do not become final and non-appealable before 1 January 2026 will be valid for 5 years from the date on which they become final and non-appealable.
Last modified 13 Mar 2025
In the event of land being developed without obtaining planning permission and/or a building permit, a competent public authority may order the owner or beneficial occupier (under an interest in land created for a defined purpose and a specified term) to suspend its use of the land, indicating a time limit within which the owner or occupier is obliged to file an application for a planning permit and pay the 'legalization' fee. Alternatively, the public authority may order the restoration of the land to its original condition.
Last modified 13 Mar 2025
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?
Yes, except for a few types of development listed in the Building Law Act, planning permission is required before any operational development. Operational development is defined as building, as well as rebuilding, increasing the height of a building, renovation or demolition.
Under Polish law construction works may be commenced solely on the basis of a final decision issuing a building permit. Development must conform to the local zoning and development plan for the area where the property is situated.
Last modified 13 Mar 2025