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.
