Development conditions and local plan
The specific development conditions and designation of a given piece of land are specified in the local development plan (MPZP). Its content determines what type of facility can be built on a given piece of land. If there is no adopted MPZP for the plot, it is necessary to obtain a decision on development conditions . You need to get it in order to legally build a house or other object on the plot. The decision on development conditions specifies the parameters of development and land development on a given plot. The document contains specific requirements for buildings that can be built on the plot. It is needed, among other things, when you want to:
- construct, extend or add to a building or other construction work;
- change the use of a facility (or part of it) on a given plot of land;
- carry out other construction works that involve changing the land use.
It's worth knowing!
To obtain development conditions, you do not have to be the owner of the plot. Any person interested in purchasing land may submit an application.
What exactly do development conditions define?
The development conditions include parameters that a building structure standing on a given site must meet. These include:
- distance from the border;
- type of possible development;
- percentage of biologically active surface;
- roof angle;
- ridge height;
- number of storeys in the building.
It is important to learn about them before purchasing a house plan in order to know what kind of building can legally be built on a given plot.
Check on what plot you can build a house without a permit .
How long do you have to wait for development conditions?
The waiting time for issuing development conditions is up to three months (90 days) from the date the application was submitted. The exceptions are: detached, maximum two-storey single-family houses with a maximum area of 70m2. In this case, the waiting time is only 21 days. If an agricultural biogas plant is to be built on the plot, which meets specific conditions, it is 65 days. Decisions on development conditions (and decisions to change them) are issued by the commune head, mayor or city president in which the property is located.
Can development conditions be changed?
It is possible to change the decision on development conditions . However, you must submit an appropriate application - during a personal visit to the office, by mail or via the Internet - and pay a fee of PLN 10. Additional documentation includes proof of payment of the stamp duty, and in the case of a power of attorney - a document confirming it and proof of payment of the stamp duty for the power of attorney (PLN 17). It is also worth attaching the consent of the parties to change these conditions to the application for issuing a decision on changing the development conditions. – this can shorten the waiting time, which is usually about a month. If the application is complete, the mayor or city president starts the procedure and informs all parties about the decision. It is worth remembering that the office may issue a negative decision if:
- the decision on development conditions is defective;
- the subject of the investment is to change significantly – e.g. a health centre is to be changed into an office;
- the scope of the changes goes beyond the results of the analysis of the functions and features of the building and land development carried out during the procedure for determining the development conditions.
Find out more: "Can a forest plot be transformed into a building plot?"
Who can apply for a change in development conditions?
You can submit an application to change development conditions if:
· you are the addressee of the decision on development conditions – if it was issued, for example, to an investor selling a plot of land, you must additionally obtain a decision transferring the development conditions ;
- the decision on development conditions is final, which means that none of the parties to the proceedings has filed an appeal within 14 days of receiving the document;
- the parties to the proceedings agree to the proposed changes to the development conditions ;
- the decision is valid (has not expired).
Development conditions – how important is it?
Decisions on development conditions that become final before 1 January 2026 will be valid indefinitely. They will expire only if a local plan for the area covered by the decision is adopted. Documents that become final after that date (even if they were already final) will be valid for five years from the date of entry into force. After that time, they will expire automatically. Moreover, decisions on development conditions are to be issued only for properties located in areas of development supplementation, optionally specified in general plans.
You may be interested in: "Real estate: limited property rights and limited use areas" .
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