On 25 April 2022 a draft amendment of the Act of 27 March 2003 on spatial planning and planning and certain other laws (hereinafter ‘Newisation’), the applicant of which is the Minister of Development and Technology. Among the many proposed changes to the project, particular attention should be paid to changes in terms of limiting the possibility of building decision-making (hereinafter ‘Decision’) to the area of building completion.
According to the current wording Article 59(1) Act of 27 March 2003 on spatial planning and planning (hereinafter ‘the Act’) in the absence of a local zoning plan, the change of the site's planning consisting in the construction of a construction site or other construction works, and the change in the use of the construction site or part thereof, as a general rule, requires the establishment conditions laid down in the Decision.
The Amendment of the Act introduces editorial changes to the aforementioned provision which sanction the position expressed in doctrine and caselaw that any alteration of land development, subject to the exceptions contained in the Act, requires a decision.
This does not give rise to controversy as to potential investors' ability to obtain The decision has little practical significance.
The proposed changes, because they are limited in terms of the possibility of obtaining the Decision, and thus the construction of the property, despite their justification for the need to organize urban space, may raise doubts about property owners and potential investors
The grounds to be met to obtain the Decision are set out in Article 61(1) The bill. The above-mentioned provision, de lege lata, specifies that only the cumulative fulfilment of all statutory conditions allows the competent authority to issue the decision, which is most often the mayor, mayor or president of the city. The aforementioned statutory conditions governing the decision include:
(a) construction at least one a plot of neighbouring land available from the same public road in such a way as to specify the requirements for the new building in relation to the continuation of functions, parameters, characteristics and indicators of the building and the development of the site, including the size and architectural form of the buildings, the construction line and the intensity of the use of the site,
(b) access to the public road;
(c) the existing or planned weaponisation of the site is sufficient for the construction purpose;
(d) the area must not require authorisation to change the use of agricultural and forestry land for non-agricultural and non-forestry purposes, or is subject to approval when drawing up local plans which have lost power on the basis of Article 67 Act referred to in Article 88(1) Acts;
(e) the decision is in accordance with separate provisions; and
(f) the construction will not be in areas where the decision to establish the location of the strategic investment in the transmission network referred to in Article 5(1) Act of 24 July 2015 the preparation and implementation of strategic investments in transmission networks, the prohibition referred to in Article 22(2)(1) that law, a controlled zone designated on both sides of the pipeline and a safety zone designated on both sides of the pipeline.
Scheduled Amendment, except two amendments to the existing statutory conditions governing the decision exemption from the requirements of the new construction of the continuation of functions and specification of the condition concerning the location of the site in the gas pipeline area specified in Article 53(5e)(2) of the Act, introduces a restriction on the possibility of issuing it to the property covered by the building supplement area designated in accordance with the proposed regulation on the arrangements for the general plan of the municipality and the way in which the procedure for preparing and adopting the general plan of the municipality is documented.
This territorial restriction will result in a significant reduction in the number of properties in relation to which its owners will be able to obtain the Decision and thus exercise their ownership rights and investment plans for the construction.
It should be noted that the planned regulation significantly narrows the possibility of making investments in areas not covered by the local spatial planning plan, since, in principle, without prior obtaining the decision, the owner/investor cannot obtain a decision on the construction permit.
Amendment indicates three exemptions specified in Article 61(1a)(2)(3) The amendments that will enable the decision to be obtained outside the area of completion of the building, but this exemption does not apply to the most significant changes in the development of the site consisting of the construction of a construction site, which lies in the zone of the greatest interest of landowners and investors. The proposed changes, due to their limitations on the possibility of obtaining the Decision and thus the construction of the property, despite their justification for the need to organise urban space, may raise doubts from the point of view of the property owners and potential investors, but their final assessment may take place after the final shape of the Novelisation has been established and a longer period of application by the administrative authorities