The Ministry of Infrastructure and Construction keeps working on a Spatial and Construction Code | Legal Alert
The Ministry of Infrastructure and Construction keeps working on a Spatial and Construction Code (hereinafter referred to as the Code). The Code aims at providing for a complex regulation containing spatial (zoning) planning and construction. Draft of the Code is currently subject to public consultations.
The most significant changes wiich are supposed to be implemented by the Code are provided for below.
I. As far as spatial (zoning) planning is concerned the Code implements:
- so called investment consent which superseding a zoning decision and a decdision on location of a public aim investment as well as building permits;
- subject to a local government institution (i.e. Starost), permission to realise investments within areas not covered by local zoning plans within a proceeding for granting of an investment consent;
- a catalogue of areas and types of investments for which a local zoning plan is required;
- obligatory application of a studium to a local zoning plan (i.e. a preliminary zoning plan) in case of realisation of investments within areas not covered by a local zoning plan;
- a legal institution of so called zoning agreement which should be signed in case of a local zoning plan prepared upon application of an investor who is obliged to finance or realise and free of charge transfer of iinvestments connected with with the primary investment for the benefit of a local government (municipality), e.g. technical infrastructure or housing facilities;
- cases in which a local zoning plan is revoked, e.g. if no proceeding regarding an investment consent related to an investment provided for in a local zoning plan has been commenced within 5 years from adoption of a local zoning plan;
- so called infrastructure fee (seperceding heretofore a planning and adjacent fee) amounting from 10% to 50% of estimated costs of an realised investments as provided for in a local zoning plan; such infrastructure fee to be finally corrected and set fort by a local government (voit) after realisation of an investment.
II. As far as realisation of construction investments draft of the Code in particular provides as follows:
- an investor will be the sole formal party of a proceeding for issuance of an investment consent in case of investments to be realised within areas coverd by local zoning plans;
- increased standard of access to public roads, i.e. direct access or access through internal roads; access throu right of way easements will not be permitted for new investments;
- changes in case of unpermitted constructions, e.g. in case of 10-years of prescription period concerning issuance of a demolishion order.
III. As far as realisation of apublic aim investments draft of the Code in particular provides for:
- implementation of so called location and environmental decision for certain types of investments;
- location of certain types of investments exclusively on the basis of the local zoning plans;
- implementation of so called integrated permits for certain types of invstmets; such integrated permit will integrate various separate deciswons, e.g. an investment consent, a decision on division of plots and a number of particular consents; issuance of such integrated permit will result in acquisition of a real property as well.
Provisions implementing the Code, containing intermediary provisions as well as setting forth the rules and regulations of functioning of heretofore decision will be subject to a separate act.
R. Adam Kozłowski – Partner, Attorney at law
Maciej Kruś Ph.D. – Of Counsel, Attorney at law