The end of an important loophole for plot owners. The government has adopted groundbreaking changes

The government adopted a draft amendment to the regulations on spatial planning and development, which provides for significant changes in the rules for issuing decisions on development conditions. The new regulations are intended to limit the group of people entitled to obtain such a decision and ensure that it will be used primarily for the implementation of construction investments.

The project was adopted by the Council of Ministers on April 14, 2026 and then submitted to the Sejm. It also received a positive opinion from the Infrastructure Committee and the Local Government and Regional Policy Committee. The changes are to enter into force on January 1, 2027.

The decision on development conditions is only for selected people

Currently, anyone can submit an application for determining development conditions, regardless of whether they are the owner of the property or have other legal title to the plot. In practice, this means that several people can apply for a decision regarding the same area.

According to the project, from 2027, a decision on development conditions will only be able to be issued to a person who has the right to use the property for construction purposes. This includes: o owners, perpetual usufructuaries, persons with limited property rights or appropriate rights resulting from contracts.

The decision on development conditions is intended to serve investments

The Ministry of Development and Technology indicates that current regulations allow you to apply for decisions not only to implement investments, but also to increase the value of real estate or check potential development possibilities. According to the ministry, this can be a source of social conflicts.

The change is intended to make the decision on development conditions a real tool in the investment process. As emphasized in the justification for the project, such a solution was requested by local government units.

More changes for property owners

The new regulations are part of a broader reform of spatial planning. From January 1, 2026, decisions on development conditions are no longer issued indefinitely. They are valid for five years from the date on which they become final.

The project adopted by the government also provides for an extension of the deadline for municipalities to adopt general plans. This deadline is to be extended from June 30, 2026 to August 31, 2026. If the commune does not adopt the general plan by the required date, the issuance of new decisions on development conditions may be suspended until the adoption of the appropriate planning document.

What’s next for the project?

Although the government has adopted the bill, the new regulations have not yet been finalized. The document still has to go through the full legislative process in the Sejm and Senate and then be signed by the president.

If the process is completed as planned, from January 1, 2027, the decision on development conditions will be available only to persons who have the right to use the property for construction purposes, which will significantly change the current rules applicable to investments in areas without a local development plan.