already in force | In Principle

The energy transition requires decisive actions in many sectors of the economy. This demands a legal framework enabling a shift away from fossil fuels and towards renewable energy sources. In September 2023, regulations for agricultural biogas plants went into effect which are expected to finally unleash Poland’s biogas potential.

Nearly two years after publication of the European Commission’s proposal, the Greenwashing Directive came into force on 26 March 2024. The main objective of the changes is to protect consumers from deceptive commercial practices.

Poland is relatively late in establishing a deposit-refund system for beverage containers. After many years of pronouncements by politicians, the act did not enter into force until 13 October 2023. Functioning of the scheme is set to launch on 1 January 2025, leaving little time for businesses to prepare. But questions remain whether the system will start working as the parliament expected on the designated date.

Food manufacturers are eager to use QR codes on their labels. Now the EU has normalised the use of these codes in the regulations. For now, the new rules apply only to the wine industry, which is pioneering in this area of food labelling. The QR code rules should make it easier for the industry to meet its new obligations to provide wine consumers with ingredients and nutrition information.

The Polish parliament has reduced the fees on some requests for a statement of the grounds for rulings in civil proceedings. In these cases, the fee has dropped from PLN 100 to PLN 30. This fee will continue to be credited against the fee payable on the appeal.

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.

Pursuant to the 7 July 2023 amendment to the Spatial Planning and Development Act, the zoning study will be superseded by a master plan and commune development strategy.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 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.

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 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.

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.

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.