The government is changing the rules for property owners. It’s about development conditions

The Council of Ministers adopted a draft act amending the provisions on spatial planning and development. The new regulations are intended to significantly limit the possibility of obtaining a decision on development conditions. According to the project, from January 1, 2027, no interested party will be able to apply for such a decision.

The change is intended to apply to situations in which the applicant does not have the right to use the property for construction purposes. The government indicates that current regulations also allow people who do not plan a real investment, but only want to check the potential of the plot or increase its value, to submit applications.

When is a decision on development conditions needed?

A decision on development conditions is required when there is no local development plan for a given area and the investor wants to change the way the property is developed. This includes, among others, the construction, extension or addition of a building, a change in the use of the facility or the performance of construction works affecting the development of the area.

However, a decision of the General Meeting is not necessary in every situation. The regulations provide for exceptions, among others, for temporary changes in land development lasting a maximum of one year, as well as for some renovation, assembly or reconstruction works, if they do not change the use of the facility or its architectural form.

Development conditions are not always required

A decision is also not needed for some investments carried out upon notification. The text indicates, among others, home sewage treatment plants with a capacity of up to 7.50 cubic meters. per day, septic tanks up to 10 cubic meters, liquefied gas tank installations with a single tank up to 7 cubic meters, fences above 2.20 m or certain above-ground terraces.

Without a WZ decision, it is also possible to implement certain facilities that do not require either a building permit or notification. This applies, for example, to some small farm buildings related to agricultural production, sheds, gazebos, fences up to 2.20 m high, temporary structures on the construction site or septic tanks for rainwater with a capacity of up to 5 m3.

Who can apply for a decision of the General Meeting today?

Currently, anyone can submit an application to establish development conditions. You do not have to be the owner of the plot, perpetual usufructuary or have any other legal title to the property. In practice, this means that the authority may receive different applications regarding the same area.

This legal situation can be a source of problems. If an investor obtains a building permit based on one decision, it may hinder or exclude the implementation of other planned projects regarding the same property.

The government project changes the rules from 2027

The project adopted by the Council of Ministers on April 14, 2026 assumes that the WZ decision will be issued only to the applicant who has the right to use the property for construction purposes. This is a matter of law within the meaning of the Construction Law.

Such a title may be ownership, perpetual usufruct, management, limited property right or an obligation relationship that provides for the possibility of performing construction works. In practice, this means that the mere desire to check the investment potential of someone else’s plot is not enough.

The government wants to limit fictitious applications

The justification for the project indicates that the current possibility of submitting applications without restrictions means that decisions on development conditions are used not as an element of the real investment process, but as a tool to increase the value of real estate.

The Ministry of Development and Technology also pointed to social conflicts that may result from such practices. The change is intended to ensure that the decision of the General Meeting is linked to the actual investment intention and the right to the land.

The new regulations are not yet in force

Although the project has been adopted by the government, it does not mean that the changes are certain. The document was submitted to the Sejm for further work. It received the parliamentary form number 2459 and was sent to the Infrastructure Committee and the Local Government and Regional Policy Committee.

Only after the parliamentary work is completed can the project be submitted to the president. The planned date of entry into force of the key change is January 1, 2027, but the final shape of the regulations will depend on the further legislative process.