Author: TPA Poland

12.05.2025

Legal Highlights for Real Estate – May 2025

LAND REGISTER NUMBERS CONSTITUTE PERSONAL DATA

On 28 January 2025, the Supreme Administrative Court (“SAC”) issued a precedent-setting ruling (case no. III OSK 6508/21), holding that the land register number is personal data within the meaning of the General Data Protection Regulation. The case concerned the provision of these numbers on the GEOPORTAL2 portal, which allowed users to easily access the full content of electronic land records.

The dispute began with an inspection by the Office for the Protection of Personal Data (“OPA”), which found that the country’s chief surveyor had violated regulations by making data obtained from land and building registries available to the public. OPA fined him PLN 100,000, arguing that the disclosed data pertained to, among other things, individuals and allowed them to be identified.

The surveyor’s argument that the land register number does not constitute personal data was rejected by both the Regional Administrative Court in Warsaw and the SAC. The courts ruled that the publication of this data violated the provisions of the Land and Mortgage Registers Act, since the land register numbers were also links to the full contents of the electronic land registers. SAC confirmed that with the help of the land register number, it is easy to access information that constitutes personal data.

DRAFT OF DEREGULATION BILL

On 5 April 2024, the Ministry of Development and Technology presented a draft deregulation bill (the “Act”) aimed at facilitating business operations. The Act contains a number of changes postulated by entrepreneurs in recent years and promised during last year’s election campaign.

The Act, which aims to simplify regulations and reduce bureaucratic burdens, is expected to introduce significant changes to Polish business law. The new regulations are intended to improve the competitiveness of enterprises and facilitate business operations.

Key changes include:

  • the “one in, one out” principle, which requires the removal of one administrative obligation in exchange for the introduction of a new one.
  • extending the vacatio legis to at least six months to give entrepreneurs more time to adapt to the new regulations.
  • electronic leasing agreements that can be concluded without a qualified electronic signature.
  • shortening the inspection time from 12 to 6 days and regulating the frequency of inspections.
  • the possibility of conducting appeal proceedings remotely and other simplifications in administrative procedures.

Other changes include the possibility of drawing up electronic bills of exchange, simplification of the definition of craftsmanship, abandonment of the obligation to use stamps and the possibility for persons conducting unregistered activities to use the PESEL number in business transactions.

The Act is a response to the demands of entrepreneurs and aims to create a more business-friendly legal environment in Poland. Entrepreneurs should carefully review the new regulations to take full advantage of their potential and avoid potential difficulties related to their implementation.

28.04.2025

Summary of energy law changes. How the changes of the last quarter of 2024 will affect the market in 2025.

The last quarter of 2024 brought quite a few changes to Polish Energy Law, which set new directions for the market in 2025.

Hydrogen has gained dedicated regulation, the development of offshore wind farms is accelerating, procedures for renewable energy investments have been simplified and an energy price freeze is in place to protect consumers. These developments have important implications for the energy transition and the shaping of the market in the coming years.

Hydrogen law in Poland

Hydrogen has been identified as one of the priorities for the implementation of the European Green Deal, the main goal of which is to achieve a climate-neutral Europe by 2050.

Until now, energy law did not regulate hydrogen directly. Hydrogen was treated as ‘another type of combustible gas’ and was only regulated when supplied through the gas network. The amendment implements a milestone of the National Recovery Plan (NRP) and introduces a legal framework for the applicability and use of hydrogen potential in Poland.

Key changes include:

  • introducing a conceptual grid for the development and operation of the hydrogen market,
  • regulating the rationing of hydrogen activities,
  • designing the principles of operation of hydrogen networks,
  • consideration of cross-sectoral opportunities for the use of hydrogen,
  • simplification proposals for those investing in the development of a hydrogen system.

The Act amending the Energy Law and certain other Acts was passed by the Sejm on 21 November 2024, and the Senate made no amendments.

Offshore wind farms

The new legislation is aimed at harnessing the potential of offshore wind energy in the Polish Exclusive Economic Zone and creating legal solutions that will support entities interested in its development in Poland, including companies responsible for supplying components for the construction of offshore wind farms.

The Act includes regulations important for the development of offshore wind farms in terms of grid connection, the local supply chain and the support system, under which generators will be able to apply for the so-called right to cover a negative balance. At the same time, it introduces a number of procedural improvements in the construction and operation of wind farms and administrative proceedings to speed up investment.

The new developments will also influence the development of the local supply chain and the domestic offshore wind industry.

The Act of 27 November 2024 amending the Act on the promotion of electricity generation in offshore wind farms was signed by the President of the Republic of Poland on 9 December 2024.

Freezing the maximum price for electricity

Energy prices for households will remain unchanged in 2025. The regulations extend the maximum price for electricity for household consumers at 500 PLN/MWh (instead of approximately 623 PLN/MWh under the current tariffs). The price freeze will apply for a further nine months, i.e. until the end of September 2025.

The collection of a power charge from consumers taking electricity for their own consumption at consumption points with a voltage of no more than 1 kV is also suspended. Such customers are mainly households.

The Act of 27 November 2024 amending the Act on emergency measures to reduce electricity prices and support certain consumers in 2023 and 2024 and certain other acts was signed by the President of the Republic of Poland on 9 December 2024.

Amendment to the RES Act

Among the most important changes envisaged by the amendment are:

  1. Acceleration of the investment process in the RES area by shortening the timeframe for issuing permits and decisions

The aim is to shorten procedures for the following RES installations:

  • mounted on buildings, using solar radiation to generate energy;
  • electricity storage facilities, heat pumps, equipment and installations necessary for the grid connection of a RES installation, as well as the renovation, reconstruction, superstructure or extension of a RES installation located on the same site.

The changes include issuing procedures:

  • building permit decision for construction works;
  • conditions for connection to the electricity and district heating networks;
  • an electricity generation licence or a heat generation licence;
  • environmental decision;
  • entry in the register of small installation producers.

The total duration of administrative procedures is expected to decrease from 356-416 days to 149 days.

  1. Development of prosumer energy by increasing the cost-effectiveness of net-billing

The change is to maintain the possibility for prosumers to net-bill after 1 July 2024 based on the monthly market price of electricity (RCEm) – instead of the hourly price of electricity (RCE). If a prosumer chooses to remain with the current billing method (RCEm), the amount of their overpayment will be up to 20% of the value of the electricity injected into the grid in the calendar month.

Prosumers will also be able to change their billing to the market-based hourly electricity price (RCE) by submitting a declaration to the seller. An incentive to switch will be the possibility to increase the value of the refund of unused funds for the introduction of electricity into the grid in the following 12 months (so-called overpayment) to 30%.

  1. Tidying-up changes due to the entry into force of the Centralised System for Information of the Energy Market (CSIRE)

In view of the delay of the start of CSIRE to 1 July 2025, it is also necessary to postpone the entry into force of the virtual prosumer institution to this date, as its application is dependent on the functioning of CSIRE.

  1. Ensuring compatibility of national law with EU law

An important objective of the amendment is to ensure that national law is in line with EU law with regard to state aid granted in support schemes for RES, cogeneration and for energy-intensive consumers.

Polish regulations are being brought into line with the CEEAG guidelines through:

  • updating the list of sectors eligible for reductions for energy-intensive consumers;
  • the introduction of two levels of relief: for companies in sectors exposed to a particular risk of carbon leakage at 85% of the obligation and in sectors exposed to a risk of carbon leakage at 75%;
  • maintaining the criterion for qualification of a company as an industrial customer at min. 3% energy intensity;
  • the introduction of a levy to be paid by energy-intensive consumers entitled to rebates.

At the same time, the compliance of the Polish regulations with the GBER regulation is ensured, in particular by introducing changes to the FiT (feed-in-tariff) / FiP (feed-in premium) support schemes to adapt the support threshold to RES installations with a maximum installed electrical capacity of up to 400 kW.

The Act of 27 November 2024 amending the Renewable Energy Sources Act and certain other acts was signed by the President of the Republic of Poland on 6 December 2024.

 

24.03.2025

Legal Highlights for Real Estate – March 2025

Land register numbers constitute personal data

On 28 January 2025, the Supreme Administrative Court (“SAC”) issued a precedent-setting ruling (case no. III OSK 6508/21), holding that the land register number is personal data within the meaning of the General Data Protection Regulation. The case concerned the provision of these numbers on the GEOPORTAL2 portal, which allowed users to easily access the full content of electronic land records.

The dispute began with an inspection by the Office for the Protection of Personal Data (“OPA”), which found that the country’s chief surveyor had violated regulations by making data obtained from land and building registries available to the public. OPA fined him PLN 100,000, arguing that the disclosed data pertained to, among other things, individuals and allowed them to be identified.

The surveyor’s argument that the land register number does not constitute personal data was rejected by both the Regional Administrative Court in Warsaw and the SAC. The courts ruled that the publication of this data violated the provisions of the Land and Mortgage Registers Act, since the land register numbers were also links to the full contents of the electronic land registers. SAC confirmed that with the help of the land register number, it is easy to access information that constitutes personal data.

Draft of deregulation bill

On 5 April 2024, the Ministry of Development and Technology presented a draft deregulation bill (the “Act”) aimed at facilitating business operations. The Act contains a number of changes postulated by entrepreneurs in recent years and promised during last year’s election campaign.

The Act, which aims to simplify regulations and reduce bureaucratic burdens, is expected to introduce significant changes to Polish business law. The new regulations are intended to improve the competitiveness of enterprises and facilitate business operations.

Key changes include:

  • the “one in, one out” principle, which requires the removal of one administrative obligation in exchange for the introduction of a new one.
  • extending the vacatio legis to at least six months to give entrepreneurs more time to adapt to the new regulations.
  • electronic leasing agreements that can be concluded without a qualified electronic signature.
  • shortening the inspection time from 12 to 6 days and regulating the frequency of inspections.
  • the possibility of conducting appeal proceedings remotely and other simplifications in administrative procedures.

Other changes include the possibility of drawing up electronic bills of exchange, simplification of the definition of craftsmanship, abandonment of the obligation to use stamps and the possibility for persons conducting unregistered activities to use the PESEL number in business transactions.

The Act is a response to the demands of entrepreneurs and aims to create a more business-friendly legal environment in Poland. Entrepreneurs should carefully review the new regulations to take full advantage of their potential and avoid potential difficulties related to their implementation.

14.03.2025

Legal Highlights for Real Estate – February 2025

Draft act on measures to increase the availability of land for housing construction 

The draft act on measures to increase the availability of land for residential construction (“Project”) takes measures to increase the availability of land for residential construction in Poland to balance the growing demand for residential properties with the limited supply of land, which leads to an increase in real estate prices. The proposals include the removal of legal and procedural barriers such as: 

  • Restrictions on the trading of agricultural land – obstacles arising from regulations on agricultural real estate in cities. 
  • Prohibition on establishing perpetual usufruct for housing purposes – which limits investment opportunities. 
  • Complexity of planning procedures – e.g. in the amendment of building parameters and the preparation of integrated investment plans. 
  • Ineffectiveness of the planning fee – current regulations do not compensate for the municipality’s costs associated with the adoption of local zoning plans. 
  • Restrictions on the use of tools under the Housing Act – including mandatory parking space ratios not adjusted to local needs. 
  • Problems with the division of properties – legal ambiguities related to location resolutions. 
  • Non-utilization of State Treasury land – lack of action aimed at utilizing attractive areas for housing purposes. 
  • Extending investment processes – among others, through appeal measures of the parties to the proceedings. 

The project also provides for extending the deadlines for perpetual usufructors to purchase land, as well as settling the issue of state aid and new rules for issuing professional certificates for property valuers. These solutions are to facilitate the implementation of housing policy, including in the social and municipal sectors. The planned date for the adoption of the Project by the Council of Ministers is the first quarter of 2025. 

Draft amendment to the Act on Social Housing Development and the Real Estate Development Act 

On February 20, 2025, a draft amendment to the Act on Social Forms of Housing Development and the Act on Property Development was published. The draft assumes the imposition of an obligation to pay contributions to the Property Development Guarantee Fund (DFG) by property developers who started projects before July 1, 2022. The amount of the contributions will be calculated according to the rates in force at the time the Development Act comes into force: 0.45% for an open escrow account and 0.1% for a closed one. 

The bill stipulates that the regulations regarding contributions will not apply to contracts concluded before the amending act comes into force, which means that the obligation only applies to new contracts. Currently, the contribution for investments started before July 1, 2022, is 0%, which has been confirmed in the justification of the bill. 

In addition, the Parliamentary Club Polska 2050-Trzecia Droga (Poland 2050-Third Way) has proposed another amendment to the Act on Property Development, which would impose new obligations on property developers: 

  • Website – Each property developer will be required to maintain their own website, which may represent an additional cost for small companies. 
  • Publication of information – The website should contain contact details, the location of the investment, prices (including VAT) of premises, associated rooms, rights and other monetary benefits arising from the contract. The draft requires clarification regarding the scope of information, e.g. on parking spaces or tenant amendments. 
  • Price updates – Developers will have to update prices on an ongoing basis and take into account the dates of amendments and the rules for the application of discounts. This obligation may cause difficulties in the case of frequent price changes. 
  • Information in advertisements – It will be mandatory to include the website address with full information in advertisements. 

Failure to comply with these obligations will be treated as a practice infringing collective consumer interests and will be subject to control by the Office of Competition and Consumer Protection (UOKiK). The requirement for transparency of pricing policy, which does not apply to other groups of entrepreneurs, and the inconsistency with the Omnibus Directive raise doubts. 

14.03.2025

Legal outlook for the real estate market in 2025

In 2025, there will be new opportunities related to the implementation of construction projects – changes are under way to facilitate and specify regulations that directly affect the efficiency of the investment process. Planned changes in the law may streamline the implementation of smaller projects, as well as increase the availability of land. However, the implemented and upcoming changes in spatial planning also mean that investors need to adapt their investments to more stringent landscaping requirements. In 2025, it will therefore be possible to take advantage of new opportunities and legal instruments, but with an awareness of the requirements of the new planning acts passed by municipalities.  

Last moment to obtain unlimited zoning decisions  

According to the current wording of the Law on Spatial Planning and Development, municipalities are required to adopt general plans by December 31, 2025. From January 1, 2026, the existence of the general plan – and its findings – will determine the possibility of obtaining a zoning decision for land not covered by a local zoning plan. In addition, decisions issued after January 1, 2026 will no longer be indefinite – their validity will be 5 years. 

New dimension of spatial planning 

Municipalities have until the end of 2025 to enact general plans. The introduction of this planning instrument means greater control over development and less freedom to develop areas without local master plans. Investors, however, have the opportunity to take advantage of another new spatial planning instrument – the Integrated Investment Plan, a special form of local zoning plan that can allow projects to be carried out on land not covered by a local plan, on terms created and negotiated by the investor himself.  

New definitions of buildings and structures 

As of January 1, 2025, new definitions of “building” and “structure” are in effect. The amendments to the Local Taxes and Fees Act are intended to clarify interpretative doubts regarding taxation. The definition of a building excludes objects whose basic technical parameter determining their purpose is their capacity (objects such as silos, used for storing materials). The conditions to be met by a building were also specified in detail. The new regulations will entail changes in the way objects are classified and how the tax associated with them is calculated. 

Ongoing work on a draft law amending the Construction Law 

The amendments proposed by the legislator in the draft are intended, among other things, to clarify the provisions on the construction of a single-family residential building with a building area of up to 70 sqm, and to expand the catalog of objects and construction works exempt from the need to obtain a construction permit in favor of a notification. The changes would make it possible to carry out small investments using simpler and faster procedures.  

Increasing the availability of land for residential construction 

The draft law on solutions to increase the availability of land for residential construction, which is under procedure, is intended to respond to the growing need to meet the demand for housing, for the realization of which it is necessary to acquire land for new residential construction. The elimination of legal and procedural barriers, such as restrictions on the circulation of agricultural land or restrictions on the use of the tools of the housing law, would facilitate access to investment land, which will make the development of the housing sector more dynamic. 

06.02.2025

Legal Highlights for Real Estate – January 2025

New definitions of building and structure

As of 1 January 1 2025, strictly specified definitions of a building and a structure came into effect, aimed at eliminating interpretative doubts and ensuring unified and correct property taxation. A building is now an object erected as a result of construction work, which has a foundation and roof and is permanently attached to the ground. An important element of this change is the exclusion of facilities in which bulk, liquid or gaseous materials are or can be stored, where the basic parameter is capacity. As a result, many storage facilities will no longer be considered buildings in the tax sense, which could affect property taxes. On the other hand, the definition of structures includes not only facilities not included in the definition of a building, but also wind power plants, nuclear power plants, photovoltaic power plants, biogas plants, energy storage facilities, boilers, industrial furnaces and even foundations for machinery and other technical equipment. The amendment introduces more precise categories, which will avoid doubts when calculating property taxes.

The general plan as a key piece of local legislation

The year 2025 will be a period of change and preparation for 2026. According to the amendment to the Law on spatial planning and development, all studies of land use conditions and directions in Poland will remain valid only until 31 December 2025, after which date they will expire and be replaced by a new tool, i.e. the general plan, which, like the study of land use conditions and directions, will cover the area of the entire municipality, but unlike the study of land use conditions and directions, will have the rank of an act of local law. Every municipality in Poland is required to adopt a general plan. The purpose of this change is to simplify and speed up administrative procedures, as well as to better coordinate construction investment activities.

If a plot of land is covered by a local zoning plan, obtaining a general plan will be much easier. Its absence may result in the inability to issue development conditions. It is worth mentioning that development conditions issued under the new rules will be valid for a period of 5 years, while currently they are issued indefinitely.

For investors, this means that if municipalities delay the resolution of the master plan before the beginning of 2026, it may become impossible to start construction. Municipalities’ financial problems and lack of adequate staff resources could make meeting the 2025 end date difficult to achieve. Municipalities that fail to adopt a general plan by the end of 2025 will lose the legal basis for issuing development conditions

09.01.2025

Legal Highlights for Real Estate – December 2024

Amendment to the Construction Law

On November 5, 2024, during a meeting of the Infrastructure Committee, a draft amendment to the Act on Construction Law was presented, which was referred to an extraordinary subcommittee. The purpose of the amendments to this key law is to adapt the legislation to the new challenges of protecting citizens and meeting construction safety needs in the face of various risks.

The proposed amendment introduces a number of significant changes, including, among others, precise definitions of such terms as “protective structure,” “shelter” and “concealment.” Thanks to these settlements, the regulations will become clearer and allow for a more precise definition of construction requirements for objects designed to protect human life and health in emergency situations. The amendment’s rationale emphasizes that the introduction of these definitions is a response to the growing need to prepare protective infrastructure at the local level.

The main goals of the amendment are to improve existing regulations and enable local governments to effectively carry out their constitutional duty to protect citizens. The new legislation also takes aim at encouraging citizens to build home shelters and hiding places, which in an era of unpredictable threats, such as wars and natural disasters, is becoming an important element in securing people’s lives. In addition, the bill makes it compulsory for investors to comply with the new legal standards, which is taken to prevent negligence in matters of construction safety.

Amendment to the Act on real estate lease investment companies

The government is planning to introduce legislation to allow funds that invest in rental real estate, known internationally as Real Estate Investment Trust (“REIT”). Such funds allow the investment of funds in real estate, which is already in place in many countries. Under the Polish REIT project, the legislature is introducing a new investment vehicle – a joint stock company called Real Estate Rental Investment Company (“SINN”), whose shares will be listed on the stock exchange. REIT funds take a tax advantage, thanks to single taxation, instead of double taxation, which applies to standard companies – at the level of gross profit and dividends.

The bill stipulates that polish REITs will be able to invest in a wide range of real estate assets, such as residential rental apartments, student housing, boarding houses, nursing homes, office buildings, retail and warehouses.

The new regulations may particularly boost the warehouse market in Poland. SINN will be attractive to investors because Poland’s warehouse sector takes great potential for growth.

The potential of the REIT market in Poland is enormous. It is estimated that Polish capital, which can be invested in the country’s REITs on a long-term basis, is around PLN 20 billion. Of this, PLN 11.5 billion could come from individual investors and PLN 8.5 billion from institutional investors, such as Investment Fund Companies or Open Pension Funds.

17.12.2024

A Christmas gift full of musical magic from TPA Poland, Baker Tilly TPA and BakerTilly Legal  

Christmas is a time that prompts us to share what is most precious. So this year, we want to give everyone the gift of our Christmas song “Christmas is here” – a very special song that came about as a result of our collaboration with the Junior Jazz Festival and supporting young, musical talents.  

The winner of this year’s edition of the festival – Zuzanna Ocieczek – and the author of the lyrics – Natalia Szczypuła – combined their talents in an unusual duet, performing a song that fills hearts with Christmas warmth. The music was composed by Krzysztof Odrobina.  

We encourage you to listen to the song and watch the clip, which we created especially to instantly transport you into the Christmas atmosphere. We hope it will add magic to the approaching festive days and become a source of inspiration for the coming year.  

May this Christmas bring us all joy, and may the New Year open up new opportunities full of success and harmony!  

 

Spotify | Apple Music | Tidal | YouTube Music

 

06.11.2024

Legal Highlights for Real Estate – October 2024

DOM portal – proposed amendments to the development law

Back in September, a draft amendment (the “Draft“) to the Act of 20 May 2021 on the Protection of the Rights of the Buyer of a Dwelling or Single-Family House and the Developer’s Guarantee Fund (Journal of Laws of 2024, item 695) (the “Act“) was published on the website of the Government Legislation Center, which provides for, among other things, the creation of a Housing Data Portal, or the so-called “DOM Portal.”

According to Article 56a of the Draft, the DOM Portal is to be maintained by the Insurance Guarantee Fund (“UFG“). The portal is to collect and process data on the turnover of residential units and single-family houses in the territory of the Republic of Poland. The UFG’s task is also to create, maintain and develop, based on the above-mentioned information, a point of access to information on transaction prices of residential units and single-family houses, and to generate or develop, based on this information, statistical information for the purpose of conducting policies conducive to meeting the housing needs of citizens, including statistical information on the participants in this turnover.

The above data will be obtained from all transactions having as their object the transfer of title to real estate in the territory of the Republic of Poland, both in the primary and secondary markets. The data will be provided by developers and the Head of the National Fiscal Administration based on information resulting from notarial deeds reported by notaries.

As the Project’s justification indicates, the proposed changes are prompted by the need to increase the transparency of the real estate market and strengthen the protection and negotiating position of potential buyers of real estate. At the same time, the project proponent points out that the collection of such data will enable public authorities to analyze the housing market in order to properly conduct housing policy.

The Draft has already gone to public consultation, opinion and inter-ministerial consultation.

The Draft was published on the website of the Government Legislation Center: https://legislacja.rcl.gov.pl/projekt/12389503/katalog/13080853#13080853

Another amendment to the Ordinance on technical conditions – relaxation of requirements on playgrounds

Further work is currently underway on another draft amendment (the “Draft“) to the Ordinance on technical conditions to be met by buildings and their location, published in July on the website of the Government Legislation Center (Journal of Laws 2022, item 1225; the “Ordinance“).  The next amendment to the Ordinance is expected to deal with the relaxation of requirements on playgrounds, which were introduced by the previous amendment to the Ordinance, which came into force on August 1, 2024 (the “Previous Amendment“).

The previous Amendment imposed obligations on developers to build playgrounds. As the law currently stands, a playground must be provided by the developer already in the case of the construction of a multi-family residential building in which the number of apartments will be greater than 20, or a complex of multi-family residential buildings in which the number of apartments exceeds 20. The new regulations also increased requirements for the safety of equipment, its durability and accessibility for children. The technical requirements and location of the playground were also precisely defined, including location, sun exposure, fencing, minimum area, equipment or paving.

The development community has pointed out that the Previous Amendment quite significantly reduces investment opportunities on a given property, which will translate directly into financial issues on both the developer’s and future user’s side.

The amendments currently under way are aimed at relaxing the recently introduced requirements. The drafters plan to make changes aimed at facilitation by introducing exemptions from the obligation to build playgrounds in the situations specified in the draft, including when there is another publicly accessible children’s playground nearby or the implementation of a playground on a different plot of land than the building or complex of buildings under construction (subject to compliance with the requirements indicated in the Ordinance).

In September, a summary of comments following public consultations and feedback was published. At this point, the Project is still being processed in government committees.

The project is available at: https://legislacja.rcl.gov.pl/projekt/12387401/katalog/13071107#13071107

 

30.09.2024

Legal Highlights for Real Estate – September 2024

Amendment to the Act on Suspension of the Sale of Real Property of the Agricultural Property Stock of the Treasury in Connection with the Land Use Planning Reform

At the end of August, the Act of 24 July 2024 amending the Act on the Management of Agricultural Property of the State Treasury and the Act on Suspension of the Sale of Real Property of the Agricultural Property of the State Treasury and Amending Certain Acts (the “Amendment”) entered into force. The enactment of the Amendment was dictated by the need to adapt the Act of 14 April 2016 on the suspension of the sale of properties of the Agricultural Property Stock of the State Treasury and on the amendment of certain acts (the “Act”) to last year’s spatial planning reform.

It should be remembered that the sale of agricultural properties from the State Treasury stock is prohibited until 30 April 2026. Pursuant to Article 1 of the Act, the sale of real property, parts of real property and interests in co-ownership of real property belonging to this stock is suspended for a period of 10 years from the date of its entry into force.

However, the Act provided for exceptions to the aforementioned prohibition. Among others, irrespective of the area of land, the prohibition on disposal does not apply to real property which: are intended for purposes other than agricultural in: (i) local spatial development plans; or (ii) decisions on development conditions.

Pursuant to the Amendment, a general plan was added to the above catalogue of planning acts exempting from the prohibition on sale. The general plan is a new planning instrument to replace the zoning study. By 31 December 2025 at the latest, all zoning studies will expire and general plans are to be adopted in their place.

The amendment also provides for an important regulation of a transitional nature: until the date of entry into force of a general plan in a given municipality, the study in force in that municipality is deemed to be such a general plan. This is an important provision that may extend the possibility to acquire state-owned agricultural land before the expiry of the 10-year prohibition period.

Draft amendments to the Construction Law – facilitation of the change of use of a building object

Any change of use of a building or part of a building, deviating from the originally designed purpose, must be notified to the relevant authorities and assessed from the perspective of acceptability, taking into account the existing planning act applicable to the building in question. An unlawful change of use of a structure may result in the suspension of the use of the structure and, in extreme cases, in an order to restore the previous use of the structure.

Currently, the key document to be obtained in the process of applying for a change in the manner of use of a building object or its part is a certificate issued by the competent municipal planning authority on the compliance of the intended change with the planning act. Pursuant to Article 71(2)(4) of the Construction Law, the notification of a change in the manner of use of building object must be accompanied, inter alia, by a certificate or a copy of a certificate issued by the head of the commune, mayor or president of the municipality/city on the compliance of the intended manner of use of the building object with the provisions of the local spatial development plan in force or by a decision on land development conditions or a copy of that decision, if there is no local spatial development plan in force.

The notification of the change of use of a building object is submitted to the architectural and construction administration authority, which in some cases leads to unnecessary ‘duplication’ of the authority’s work, as the same authority issues both the certificate of conformity and accepts the notification of the change of use. This situation applies to cities with county rights (pl: miasto na prawach powiatu), where the president of the city is both the planning and building authority. An unnecessary prolongation of the procedure also occurs when the planning authority is the starost. This is because it has to rely on the document issued by the mayor of the city, whereas the planning acts are known to the authorities ex officio.

The Commission’s draft law on amending the Construction Law (Parliamentary print no. 444; the “Draft”), which was submitted to the Sejm on 9 May 2024, aims to simplify this procedure. According to the proposed amendment, a certificate of the mayor (town mayor, president) on the compliance of the use of the object with the planning act will no longer be required. The investor is to be obliged only to attach to the notification a decision on development conditions, in the absence of a local plan for the area. The amendment is therefore intended to remove an unnecessary formal requirement.

The Draft is currently being processed in the Sejm. On 11 September 2024, the Sejm received the government’s position, which is positive.

 

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