REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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:

• at least one neighbouring plot, accessible from the same public road, is developed in such a way that enables to determine the requirements for new development in terms of continuity of function, parameters, features and indicators of development and land use, including the dimensions and architectural form of buildings, building lines and intensity of land use;
• the land has access to a public road;
• the existing or planned utilities are sufficient for the construction project;
• the land does not require consent for the change of use of agricultural and forest land for non-agricultural and non-forest purposes; and
• the decision is in accordance with the separate regulations.

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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 outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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