President Andrzej Duda has signed into law the Amendment to the Aviation Law Act, dated December 5, 2024, removing the requirement for local spatial development plans on areas covered by airport general plans. This move allows for the issuance of zoning decisions (WZ) and unlocks previously stalled investment projects.
Key Provisions of the Amendment
The amendment clarifies that agreements issued by the President of the Civil Aviation Authority for areas with existing or planned airports (as per approved general airport plans) and for areas designated with obstacle limitation surfaces will ensure the compatibility of:
- Municipal general plans,
- Local spatial development plans, and
- Zoning and land use decisions,
with the provisions of the airport’s general plan.
Additionally, the amendment includes a transitional provision, stipulating that previous regulations will apply to proceedings initiated but not concluded before the new law’s effective date.
Industry Reactions
The Polish Chamber of Commercial Real Estate (PINK) welcomed the President’s decision, highlighting its positive impact on both residential and commercial real estate sectors.
“This decision breaks the investment paralysis that has affected projects located on lands covered by airport general plans for months. The new law addresses the concerns raised by both entrepreneurs and local governments regarding practical issues in executing public utility projects like schools or kindergartens,” said Ewa Andrzejewska, Operational Director of PINK.
Previously, numerous zoning decision proceedings were suspended for projects in these areas due to the complex and time-consuming process of adopting local spatial development plans (MPZP). Andrzejewska noted that the lack of legislative intervention not only stalled public and residential projects but also impacted commercial developments. The uncertainty in the legal framework discouraged business decisions for projects near airports, such as warehouses.
Implementation Timeline
The amendment will come into effect 14 days after its publication in the Journal of Laws and is now awaiting official publication.
Source: ManagerPlus
