The Act of 5 July 2018 on facilitations in the preparation and implementation of housing investments and accompanying investments (Journal of Laws 2018, item 1496) (hereinafter: ‘Housing Special Act’, ‘Lex developer’ or ‘the Act’) is the so-called Housing Act, which sets out the rules and procedures for the preparation and implementation of housing investments and accompanying investments, as well as standards for their location and implementation.
The ratio legis of the Housing Special Act is primarily to support developers in acquiring development sites and to streamline the issuance of administrative decisions accompanying development projects. A great convenience introduced by the Act is the possibility to carry out housing or accompanying investments regardless of the existence or provisions of the local legal act, i.e. the Local Spatial Development Plan (hereinafter: LSDP).
The basic demands of the amendment to the Housing Act carried out on 17 August 2023:
(i) the previous amendment, i.e. the obligation to provide 1.5 parking spaces per residential premises, has been removed,
(ii) service and retail functions may be developed as part of the Lex Developer provided that they do not exceed the upper limit of 20% of the usable living area.
*The Housing Special Act was not extended as part of the amendment.
20 September 2023
