Decision on Building Conditions in 2026
Investors may soon lose the opportunity to implement their planned projects. This is due to changes in the rules for issuing decisions on building conditions resulting from the spatial planning reform.
The key terms are “general plan” and “supplementary development area,” introduced into the Act on Spatial Planning and Development (PiZP).
This is an important issue for investors and those intending to carry out projects in areas for which no local spatial development plan has been adopted. Soon, the possibility of developing such areas will be significantly limited. There will also no longer be any indefinite zoning decisions.
Spatial Planning Reform
One of the main objectives of the reform is the introduction of general plans.
Practice has shown that implementing the changes and adopting general plans within the originally planned deadline of December 31, 2025, was an unrealistic assumption. According to the latest data provided by the Ministry, only two municipalities have adopted general plans. There are fewer than 2,500 municipalities in Poland. The Ministry explains this low level of implementation by limited access to specialists in the field of spatial planning and the time-consuming process of reviewing general plans.
One of the most widely discussed aspects of the reform is the restriction of development zones and the related change in the rules for issuing and enforcing so-called wuzetki, i.e., decisions on development conditions.
As a reminder, studies of conditions and directions of spatial development will lose their legal force and will be replaced by general plans, which will form the basis for local spatial development plans. Local spatial development plans will, in turn, continue to determine the manner of development, in accordance with the general plans.
The most significant change, however, concerns the possibility of developing areas that are not and will not be covered by local plans. For such areas, it will still be possible to obtain a decision on development conditions, but only if the property is located within the boundaries of a supplementary development area designated in the general plan (Article 61(1)(1a) of the PiZP: a decision on development conditions may be issued only if all statutory conditions are met, including that the area is located within a supplementary development area). The designation of supplementary development areas will be optional for municipalities (Article 13(4)(2)(a) of the PiZP).
The decisions themselves will be time-limited. Their validity has been restricted to a period of five years (Article 64c of the PiZP: a decision on development conditions expires five years after the date on which it became final).
Originally, the Act assumed that municipalities would adopt general plans by the end of 2025. This date also marked the deadline for obtaining a permanent (legally binding) development permit, regardless of whether the area would ultimately be included in a supplementary development area. The resulting surge in applications was predictable, as was the fact that most applications would be submitted in 2025.
April Amendment
Delays in the preparation and adoption of general plans forced the legislature to extend the timeline. On April 4, 2025, a law was enacted extending the deadline for adopting general plans to June 30, 2026. This also extended the time available to obtain a legally binding building permit. However, the amendment did not postpone the effective date of the provision introducing the five-year validity period for decisions on development conditions.
As a result, any decision that becomes final after January 1, 2026, will be subject to a five-year validity period.
November Amendment
In November 2025, another amendment was adopted and signed, relaxing the rules governing the time limits applicable to wuzetki. Decisions on development conditions issued on the basis of applications submitted before October 16, 2025, will remain valid indefinitely, even if they become final after January 1, 2026 (Article 62 of the PiZP).
The explanatory memorandum to the draft Act states:
The accumulation of applications for decisions on development conditions, which must be issued within a statutory period of 90 days, causes organizational and staffing difficulties for local government units, which are simultaneously burdened (until July 1, 2026) with the obligation to prepare general plans. As a result, municipalities face challenges in meeting statutory deadlines and are exposed to financial penalties, while delays may also hinder the preparation of municipal master plans. The draft legislation responds to these issues by temporarily suspending penalties for the late issuance of decisions on building and land development conditions.
The memorandum further explains that the episodic provision amends Article 8(2) of the Act with respect to the entry into force of the five-year validity period for decisions on development conditions. From January 1, 2026, such decisions will expire five years after becoming final. Under the previous regulations, this rule did not apply to decisions that became final before January 1, 2026. Following the amendment, it will also not apply to decisions issued in proceedings initiated before October 16, 2025. Consequently, the accumulation of applications and extended waiting periods in municipalities will not affect the validity period of the decision; instead, the decisive factor will be the date on which the investor submitted the application.
An investor intending to submit an application for a zoning decision currently has little chance of obtaining an indefinite decision in most municipalities.
The November amendment also suspends deadlines whose violation would otherwise expose municipalities to penalties for delayed issuance of decisions. Municipalities will not be penalized for such delays throughout 2026.
Practical Implications for Investors
Do not delay submitting an application for a zoning decision.
If your property is not located within a supplementary development area after June 30, 2026, you will not be able to apply for a decision on development conditions.
If you submitted your application by October 16, 2025, at the latest, the resulting decision will be issued without a time limit.
If you submitted your application after October 16, 2025, the decision will be limited to a five-year term.
If you own an attractively located property or are considering purchasing one, verify the assumptions of the general plan in your municipality, obtain information from the municipal office, and participate in public consultations.
As of the date of publication, only two municipalities have adopted general plans, which casts doubt on whether at least 80 percent of municipalities will meet the June 30, 2026 deadline specified in the KPO.
There are reports that the Ministry is already considering further changes to the deadlines. Media outlets indicate that a controversial and widely criticized proposal has been put forward by the Association of Polish Cities, under which decisions on building conditions would be issued only at the request of the property owner. At present, however, no legislative work is underway to implement this proposal.
If you require support or legal consultation on this matter, please contact us.
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