📋 Tender Overview
Replacing the study of conditions with a general plan for the commune simplification of planning procedures clarification of the rules for issuing decisions on development conditions introduction of the Urban Register - these are the main assumptions of the amendment to the act on planning and spatial development prepared at the Ministry of Development and Technology.The new regulations are to enter into force 30 days after their announcement with the enactment of the act still planned in 2022. The exceptions will be the regulations that will come into force on January 1 2026 regarding the Urban Register and further digitization of planning acts as well as regulations related to the new form of planning fee. Public consultations and inter-ministerial arrangements regarding the spatial planning reform which is to be financed with funds from the National Plan for Reconstruction and Increasing Resilience KPO are just beginning.We have been waiting for a real spatial planning reform for several years. Therefore the regulations developed at the stage of extensive pre-consultation are now subject to formal social consultations and inter-ministerial arrangements in order to work out the final draft together with the interested circles. Our goal is to increase the flexibility and integrity of the system simplify procedures and improve the spatial order of the country- said Deputy Minister of Development and Technology Piotr Uciski.The most important assumptions of the spatial planning reformThe extensive amendment to the act on spatial planning and development prepared at the Ministry of Development and Technology focuses on increasing the links between spatial planning and strategic planning and on improving cooperation between local government units and investors.The new solutions includeIntroduction of a new planning tool - a commune general plan which will be obligatorily adopted for the entire commune excluding closed areas at the rank of an act of local law. The provisions contained in the general plan will be binding both for local plans and for decisions on development conditions. The general plan will facilitate the creation of spatial policy by communes.Repeal of the provisions on the study of the conditions and directions of spatial development in a commune. The rules for the implementation of the spatial policy will be established in the general plan of the commune - in a concise document with a short list of arrangements.Introduction of a new act of spatial planning - integrated investment plan IPI which is a form of a local plan that will replace and significantly modify the solutions of the so-called special housing act. This solution applies to any investment not only housing. IPI will be a tool that gives municipalities greater opportunities in locating investments taking into account social participation and the principles of spatial order. The mutual obligations of the commune and the investor will be included in the urban planning agreement thus ensuring full transparency. The IPI is expected by investors including developers but its positive effects will be felt by for example future apartment buyers through the assumed increased availability of premises. On the other hand these solutions meet the expectations of large enterprises that are looking for land for the expansion of existing or construction of new investments. Changes in issuing decisions on development conditionswhich cause uncontrolled spillage of buildings. They are supposed to counteract locating buildings in the middle of nowhere. which often forces communes to make additional investments related to communication as well as social and technical infrastructure. Pursuant to the intention of the legislator in 2003 the decisions of the GM were to be used sporadically and they became a common phenomenon causing spatial chaos. Hence the proposed provision on linking the issuing of a decision with the location in the area of supplementary buildings in the general plan of the commune and the requirement of compliance with the general plan in terms of the functions of buildings and urban planning parameters and indicators. Already issued decisions will be valid for 5 years from the entry into force of the act. New decisions of the General Meeting will be valid for 5 years from the date on which they become legally binding. The investor will have this amount of time to obtain for exampleAmendments to the provisions on the procedure aimed at simplifying standardizing and accelerating the process of drawing up spatial planning acts. The data from the Ministry of Agriculture and Tourism shows that almost 13 of local plans are processed for over 3 years. We want to change this by introducing a simplified planning procedure in specific cases enabling the simultaneous conduct of procedures for various acts and limiting the need to repeat public consultations. The changes will also include the introduction of many different forms of conducting public consultations.Introduction of the Urban Register as an ICT system. This system is to be a source of information and data including documents created during the preparation of planning acts reports on public consultations administrative decisions related to spatial planning decisions of supervisory authorities. The register will be based on spatial data in the field of spatial planning and development. It will be a free accessible to all interested integrated system. The provisions on the register will apply from 2026 which will allow municipal offices to prepare for this change.
