On 24 September 2023, the Act of 24 August 2023 amending the Act on spatial planning and development and certain other acts (Journal of Laws 2023, item 1688) (hereinafter: the ‘Amending Act’), constituting an amendment to the Act of 27 March 2003 on spatial planning and development (Journal of Laws 2003 No. 80, item 717), entered into force.
The legislator introduced, for example, an innovative solution in the form of an urban planning register (hereinafter: ‘Register’), to which this issue is devoted. The basic function of the Register is to collect information dedicated to spatial management and to become a reliable source of knowledge, including spatial information.
The main characteristics of the Registry are:
(i) openness (except for legally protected personal data),
(ii) universality and electronic nature,
(iii) lack of fees.
(iv) up-to-date information.
Examples of information included in the Register in correspondence with Article 67u of the Amending Act):
(i) resolutions to proceed with the preparation of spatial planning acts and the municipal revitalisation programme,
(ii) applications to draw up or amend general plans or local plans and applications to adopt integrated investment plans,
(iii) spatial planning acts with justification, if its drafting is required,
(iv) resolutions on the designation of degraded areas and revitalisation areas, resolutions on the adoption of municipal revitalisation programmes and resolutions on the establishment of a Special Revitalisation Zone in the revitalisation area,
(v) decisions on the conditions of development and land use, with the exclusion of decisions on investments located in closed areas established by the Minister of National Defence with the decision referred to in Article 4, paragraph 2a of the Act of 17 May 1989. – Geodetic and Cartographic Law,
(vi) judgments of administrative courts concerning decisions on conditions of development and land use and spatial planning acts
– immediately after these documents are drawn up.
The legal regulation dedicated to the Register shall enter into force on 1 January 2026.
*Practice shall determine whether the function of the Register will be similar to, for example, the Electronic Land Registry System and the accompanying legal presumptions.
13 October 2023
