As announced, we are returning to you with another publication regarding the amendment to the Act on Spatial Planning and Development, which came into force on September 24, 2023. In today’s article, we will take a detailed look at the new spatial planning instrument known as the #municipalgeneralplan (general plan). The introduction of this planning tool into the legal system represents a radical change and has consequences not only for public administration bodies but also for investors, particularly institutional investors.
At the outset, we would like to remind you that the municipal general plan is intended to replace the studies of conditions and directions of spatial development (study) that have been in effect in municipalities. The differences between these two documents are significant, both in strictly legal terms and in terms of their structure.
Unlike the study, the general plan is a local law act, which means that its provisions are binding for both public administration bodies and citizens. Consequently, based on the provisions of the general plan, municipal authorities will be able to shape the legal situation of citizens.
Mandatory Elements of the General Plan
The local plan must necessarily define planning zones and municipal urban areas. The legislator has provided for the possibility of including the following planning zones (with the zone symbol in the general plan in parentheses):
- Multifunctional zone with multi-family residential development (SW);
- Multifunctional zone with single-family residential development (SJ);
- Multifunctional zone with farmstead development (SZ);
- Service zone (SU);
- Large-scale retail zone (SH);
- Economic zone (SP);
- Agricultural production zone (SR);
- Infrastructure zone (SI);
- Green and recreation zone (SN);
- Cemetery zone (SC);
- Mining zone (SG);
- Open zone (SO);
- Communication zone (SK).
Planning zones must be designated in a mutually exclusive manner, meaning that a given area can belong to only one zone. This solution aims to provide a clear definition of land use.
A detailed description of planning zones, including the conditions they must meet, will be specified in a document referred to by the Act as municipal urban standards. This document will serve as a catalog containing a detailed description of planning zones in a given municipality. Importantly, each municipality will have some flexibility in shaping the character of planning zones, with the boundaries of this discretion set by statutory provisions and regulations.
The catalog will include, among other things, the functional profile of planning zones, the maximum intensity and height of development, the maximum building coverage ratio, and the minimum biologically active surface ratio, which must not be lower than specified in the regulation of the minister responsible for construction, spatial planning, and housing.
Municipal urban standards may also specify municipal standards for access to social infrastructure. This concerns the principles of ensuring access to primary schools and public green areas. Primary schools should be located no more than 1,500 meters away in cities and 3,000 meters outside cities, measured as a pedestrian-accessible route from the boundary of the plot to the school building. In the case of public green areas, the distance will depend on the size of the green space. For public green areas of at least 3 hectares, the maximum distance will be 1,500 meters, while for public green areas of at least 20 hectares, it will be 20 hectares at most. In both cases, the distance will be measured as a pedestrian-accessible route from the boundary of the plot to the boundary of the public green area.
Additional Elements of the General Plan
The general plan may also define infill development areas and downtown development areas.
The first of these elements is particularly significant because, for properties included in this area, decisions on development conditions and land use (WZ decisions) may continue to be issued until a local spatial development plan is adopted for the area.
The designation of an infill development area must take into account the need to shape spatial order and manage agricultural land rationally, including preventing spatial conflicts and the dispersion of development. In practice, this should mean that infill development areas will be designated in less urbanized areas that may still be developed.
WZ decisions issued for properties located in infill development areas will have to fully comply with the provisions of the general plan and consider the minimum and maximum land use parameters specified in the general plan. In this respect, the general plan differs from the study, as WZ decisions could not previously take into account the provisions of the study to shape citizens’ legal situations.
This change will significantly limit the possibility of situating development in areas not covered by local spatial development plans, and only the municipality will be able to decide whether such areas can be developed. Previously, a WZ decision had to be issued by the municipality if formal conditions were met, regardless of whether the study designated the area for development or, for example, green space. This restriction will undoubtedly reduce the supply of land available for development, which will, in turn, affect land values.
As of January 1, 2026, WZ decisions will become time-limited, unlike before. Decisions issued or becoming final after this date will expire after five years.
The General Plan and Local Spatial Development Plans
The adoption of general plans will also significantly impact the procedure for preparing local spatial development plans. The legislator’s goal was to shorten the time-consuming procedure for adopting local plans, but we have well-founded doubts about whether this will be achieved in practice. The range of elements required in local spatial development plans has been expanded, as well as the cases in which such plans must be agreed upon or reviewed by relevant entities.
Regarding the impact of the general plan on the local plan, the legislator, by defining the concept of compliance between a local spatial development plan and the general plan, has created a list of elements that should be considered in assessing this compliance. These include:
- Land use consistent with the functional profile of the planning zone covering the area;
- Land development and building parameters regarding:
- The minimum biologically active surface ratio, which cannot be lower than the minimum ratio specified for the planning zone covering the area, and for downtown development areas, it must be at least 2/3 of the minimum ratio specified for the planning zone;
- The maximum above-ground development intensity, which cannot exceed the maximum intensity specified for the planning zone covering the area;
- The maximum building coverage ratio, which cannot exceed the maximum ratio specified for the planning zone covering the area;
- Compliance with municipal social infrastructure accessibility standards, if established.
The amendment to the Act on Spatial Planning and Development also provides for a simplified procedure for adopting and amending local spatial development plans, but this will only apply in cases explicitly specified in the Act.
Undoubtedly, the adoption of general plans by municipalities will lead to the standardization of planning regulations across the country and positively impact the quality of spatial planning. However, the deadline set for municipalities to adopt general plans—January 1, 2026—seems unrealistic for many local governments. Therefore, there is increasing support for postponing this deadline by at least two years.
In the next installment of our publication, we will discuss the integrated investment plan. We encourage you to follow our blog.
