Work is underway in the Sejm on an amendment to the Spatial Planning and Development Act. The draft, published on the Sejm’s official website, is currently at the second reading stage, meaning it may soon be adopted.
The amendment introduces a number of important modifications—intended as adjustments and deregulations—to the reformed spatial planning system, which will fully take effect in mid-2026, although some provisions are already in force.
On September 12, a joint meeting of the Parliamentary Committees on Deregulation and on Local Government and Regional Policy was held. The session was attended by representatives of the Business Centre Club (BCC): Marcin Nosiński, Chairman of the BCC Construction Committee, and Filip Szczepaniak from Everest Development.
According to Marcin Nosiński, the approaching deadline for the implementation of the comprehensive reform of the spatial planning system raises numerous questions and concerns for both local governments and investors.
“As the date of this major reform’s entry into force draws closer, there are more and more questions, concerns, but also ideas for adjustments. The committee meeting showed that the topic arouses huge interest—not only among local government representatives and entrepreneurs but also among citizens,” said Nosiński.
Under the current law, by June 30, 2026, every municipality is required to adopt a general plan—a new document that will replace the existing study of conditions and directions of spatial development. However, local governments are reporting widespread problems with meeting this obligation and fear they may not finish on time. The success of this stage is one of the milestones of Poland’s National Recovery Plan (KPO).
The amendment now being debated in the Sejm includes several adjustments to the spatial planning reform. The proposed changes are designed to make the process easier for both municipalities and investors—for example, by suspending penalties for municipalities that fail to issue land development conditions (WZ) decisions on time until the end of 2026. This measure reflects the heavy workload faced by municipalities, which not only must prepare general plans for the first time but are also dealing with a surge of new WZ applications submitted “at the last minute” by citizens and institutional investors. Many applicants fear that soon it will no longer be possible to obtain such decisions for certain areas, and that the new decisions will be time-limited to five years instead of indefinite, as they are now.
Under current rules, municipalities have 21 days to issue WZ decisions for single-family houses up to 70 m² and 90 days for other projects, under penalty of 500 PLN for each day of delay. The amendment also stipulates that WZ decisions will remain valid indefinitely if the application was submitted before the new law enters into force.
Another significant change is the ability to “save” a municipality’s general plan when only a portion of it contains a legal defect. Currently, administrative courts have been invalidating entire plans even if the error concerned only a small area. Since general plans are a completely new type of document, the risk of technical or procedural mistakes is relatively high, and the proposed rule—allowing only the defective part to be annulled—is seen as a pragmatic solution.
The legislative proposals—both governmental and parliamentary—also include other favorable provisions, such as more flexible procedures for adopting resolutions on residential investment locations (the so-called Lex Developer) and for integrated investment plans, which will replace Lex Developer resolutions in the second half of 2026. The amendment also provides greater flexibility in aligning local spatial plans with general plans—by removing the requirement to maintain consistency regarding the maximum built-up area ratio. This change aims to allow municipalities to shape local plans more freely without having to amend the general plan.
“As the Business Centre Club, we have long advocated for a well-thought-out and coherent amendment to spatial planning regulations. We present constructive proposals and remain ready to cooperate closely with legislators. There are still many elements that should be improved to ensure a comprehensive approach, but overall, I view this initiative positively. It’s worth remembering, however, that this is not the only amendment to the Spatial Planning Act currently under consideration in Parliament. The sheer number of parallel amendment projects certainly does not make the law easier to apply or more stable,” added Nosiński.
The BCC warns that a lack of consistent interpretation of the law, combined with organizational challenges in many municipalities, could lead to a paralysis of the investment process. Another issue is the shortage of qualified specialists in local administrations responsible for preparing plans, which makes it difficult to meet statutory deadlines.
Source: CEO.com.pl – Sejm works on changes to spatial planning
