Tax & Legal Highlights for Real Estate – February 2021
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1. Progressing digitalisation of the construction process
Since 10 February 2021 the possibilities of the e-budownictwo platform have been extended. The catalogue of applications includes now, among others, applications for transfer of a decision on the construction permit, transfer of a decision on the permit for resumption of construction works, transfer of rights and obligations arising from a notification, or an application for entering a neighbouring area. Forms of notification on the intended date of commencement of construction works and notification on change of use of a building have also been made available.
As we mentioned in August 2020 the e-budownictwo platform is designed to ease the workload on the authorities, make the construction process more accessible and reduce waiting time for administrative decisions.
Further works on the platform will enable, among other things, submission of applications for a building permit or its amendment, occupancy permit, or simplified legalization. These forms will be made available on 1 July 2021 and as a consequence, investors will be able to conduct almost the entire construction process through electronic means, which especially during pandemic could facilitate real estate investment processes.
2.Initial assumptions of the new contemplated Polish regulations on spatial planning
At the beginning of the yea, the Minister of Development, Labor and Technology presented general assumptions of the contemplated amendments to the Polish scheme for spatial planning. The reform may introduce revolutionary changes that will modify the spatial planning mechanism in force for over 15 years under the Act on Spatial Planning and Development dated 27 March 2003. Pursuant to new assumptions each municipality area is to be covered by a general plan that defines exclusively the purpose of individual areas. However, the designation of a given area would be specified in an internal act, i.e. the commune development strategy. Specific development conditions of a given area would be determined under the development plan which would have to be consistent with the general guidelines indicated in the general plan. It means that in the future the development plan would be equivalent to the current local master plan.
In urbanised and developed areas there would be no need to adopt development plans since building permits would be obtained on the basis of a location decision, which would specify the development conditions for densely built-up areas with adequate technical infrastructure not covered by said plans.
In addition to the general plan and the development plan, municipalities are to adopt urban planning standards under which the municipality would determine minimum requirements for the number of schools, kindergartens or hospitals in a given area and the area’s needs for technical infrastructure.
Naturally, work on the draft of the new act is at a very early stage and the original assumptions may be subject to significant modifications, nevertheless, the published documents outline the direction of changes that the Polish legislator will aim at.
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