Table of Contents:
1. What is a general plan?
2. How will the municipal general plan impact the issuance of building conditions decisions?
3. When will building conditions (WZ) be issued based on the general plan?
4. Restrictions for agricultural land
5. Requirements for investment compliance with the general plan
6. Standards for social infrastructure accessibility
7. How can property owners prepare?
On September 24, 2023, an amendment to the Act on Planning and Spatial Development came into force. The planning reform obligates municipalities to draft a general plan. This reform has alarmed property owners, who rushed en masse to offices to obtain building conditions decisions before the end of 2025, when the so-called general plans are set to take effect.
What is a general plan?
A general plan is a planning document that will condition the drafting of local spatial development plans and the issuance of building conditions decisions. All municipalities will be required to use general plans. The general plan will replace the study of conditions and directions of spatial development.
The general plan will designate specific planning zones, such as a multifunctional zone with multi-family residential development (SW) or a multifunctional zone with single-family residential development (SJ).
There are 13 types of planning zones defined in the regulation.
Each planning zone must have an assigned functional profile, determined by considering the respective land use classes.
How will the municipal general plan impact the issuance of building conditions decisions?
- Currently, WZ decisions are issued without a time limit. Moreover, the areas analyzed for the purpose of drafting building conditions decisions are not territorially limited but depend on the width of the frontage of the land where the investment is to take place. A building conditions decision is issued when the investment area is not defined in the local spatial development plan.
- After January 1, 2026, all issued WZ decisions will have a validity period of five years from the date of the decision becoming final. The general plan will lead to a change in the analysis area for drafting WZ decisions, which will be limited to 200 meters. The investment area will also be included in the general plan, which will condition the issuance of building conditions decisions.
- From January 1, 2026, as long as no general plan is adopted, WZ decisions cannot be issued.
When will building conditions (WZ) be issued based on the general plan?
If a municipality adopts a general plan, a building conditions decision can only be issued for plots located in the area of development supplementation. This area will be designated in the general plan. It is important to note that designating such an area is not mandatory, and the municipality may decide not to designate any area of development supplementation.
Restrictions for agricultural land
An additional restriction for agricultural land in classes I-III located outside the administrative boundaries of cities is that development supplementation areas can only be designated in areas located within 50 meters of the public road right-of-way boundary, excluding expressways and highways.
Requirements for investment compliance with the general plan
A building conditions decision can only be issued if the planned investment is consistent with the functional profile of the planning zone designated for the area in the general plan. This requirement replaces the current necessity to continue the land’s existing function. New functions of development, not previously present, will be allowed as long as they comply with the general plan.
The requirement to conduct an urban analysis regarding the dimensions and architectural form of buildings, building lines, and land use intensity will remain. However, these parameters must comply with the general plan. If values resulting from the urban analysis exceed those specified in the general plan, they must be adjusted to meet the plan’s requirements.
Standards for social infrastructure accessibility
A building conditions decision must also comply with municipal standards for social infrastructure accessibility, if specified in the general plan. These standards must be met on the date of issuing the decision, meaning that social infrastructure facilities (e.g., primary schools) and access roads must already exist. It will not be possible to obtain a building conditions decision by relying on planned or under-construction infrastructure.
How can property owners prepare?
It is difficult to determine which property owners will lose the ability to develop their plots after January 1, 2026. The general plan covering their properties may not result in a loss of development rights, as a development supplementation area might be designated. It is worth emphasizing that property owners can actively participate in drafting the general plan by submitting applications and taking part in public consultations.
However, there is also a risk that a property may lose its development potential. Therefore, if you have specific investment intentions and fear losing the ability to develop your plot after the general plan comes into effect, it is advisable to apply for a WZ decision now.
