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Cheaper requests for conciliation
New rules for payment of court fees on requests for conciliation in Polish civil proceedings have been in effect since 28 September 2023. The parliament has heavily reduced the fees to make the institution more attractive, after it ceased to interrupt the limitations period but only suspends it.
Cheaper requests for conciliation
The master plan
Pursuant to the 7 July 2023 amendment to the Spatial Planning and Development Act, the zoning study will be superseded by a master plan and commune development strategy. The provision imposing an obligation on communes to adopt a development strategy enters into force on 1 January 2026. Introduction of master plans is intended to vest more power in local governments in Poland in establishing policies for land use and development.
The master plan
Integrated development plan
The July 2023 amendment to Poland’s Spatial Planning and Development Act introduced a special form of local zoning plan—the integrated development plan. It grants communes and investors more freedom to locate development projects, regardless of the findings of the existing local zoning plan. Ultimately, integrated development plans will replace the resolutions on siting of housing developments issued under the housing special act (such resolutions can be issued until the end of 2025). But an integrated development plan can be enacted for any type of project, not just residential projects.
Integrated development plan
The urban register and instruments of public participation
The recent overhaul of the Planning and Spatial Development Act tidied up and streamlined the planning procedure. In addition to revolutionary changes, such as replacement of the zoning study with the master plan and commune development strategy, as well as introduction of integrated development plans as a special type of local zoning plan prepared at the initiative of private investors, a nationwide urban planning register was introduced, and the catalogue of tools for public participation in land use and development issues was expanded.
The urban register and instruments of public participation
How to determine land development conditions
The amendment to the Spatial Planning and Development Act will change a lot when it comes to determining land development conditions in Poland. Therefore, especially in areas where no local zoning plan exists, investors planning a construction project should apply for a land development decision as soon as possible.
How to determine land development conditions
Amendment to the Trading in Financial Instruments Act: What has changed for the corporate agent of an investment company?
New obligations to provide information to the financial regulator, mandatory internal control systems, and new administrative fines against agents and members of their authorities—the “vegetable patch” introduced quite a few changes.
Amendment to the Trading in Financial Instruments Act: What has changed for the corporate agent of an investment company?
Environmental aspects of real estate development: What will 2024 bring?
The environment is a key element of real estate development and construction, and has a major impact on the duration of the process. In 2023, there was increased legislative activity in this area, but we will not know its real impact on the construction process until 2024.
Environmental aspects of real estate development: What will 2024 bring?
No payment guarantee in contracts for construction works with the State Treasury
As of 16 October 2023, as an investor, the Polish State Treasury no longer has a statutory obligation to provide payment guarantees under Civil Code Art. 6491 §1. This lack of security for contractors can be expected to cause new problems in public procurement.
No payment guarantee in contracts for construction works with the State Treasury
In public procurement procedures, foreign financial contributions must be reported
As of 12 October 2023, once they exceed certain financial thresholds, undertakings participating in public procurement procedures are required to notify the contracting authority of all foreign financial contributions.
In public procurement procedures, foreign financial contributions must be reported
A deposit-refund scheme is on the way
More than four years after entry into force of the Single-Use Plastics Directive, Poland has adopted a law introducing a deposit-refund scheme. With the new solutions, the country is expected to achieve the high level of separate collection of packaging and packaging waste required by EU law.
A deposit-refund scheme is on the way
VAT sanctions: Amendments under the Slim VAT 3 package
No more rigid catalogue of sanctions for VAT offences. The tax authorities will be able to reduce the amount of sanctions taking into account the circumstances of the irregularities. But taxpayers who knowingly commit tax fraud will be hit with a sanction of 100% of the underpaid tax or excess input tax claimed.
VAT sanctions: Amendments under the Slim VAT 3 package
Will it be harder to obtain interim relief in intellectual property cases from July 2023?
New rules for interim relief in intellectual property cases in Poland entered into force on 1 July 2023. The changes are designed to address practical problems of businesses and eliminate earlier abuses of interim relief. But the amendment raises doubts and seems to heighten the procedural formalism.
Will it be harder to obtain interim relief in intellectual property cases from July 2023?