The master plan | In Principle

Pursuant to the 7 July 2023 amendment to the Spatial Planning and Development Act, the zoning study will be superseded by a master plan and commune development strategy.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 is a mandatory act of local law, which in principle is supposed to cover the entire commune (gmina), while an amendment to the master plan may cover a part of the commune area.

Master plans must designate planning zones and communal urban standards, while it will be optional to designate complementary development areas (obszary uzupełnienia zabudowy) and city-centre development areas (obszary zabudowy śródmiejskiej). Planning zones, communal urban standards, and city-centre development areas designated in the master plan are to be taken into account when preparing the local zoning plan. They also constitute the legal basis for a zoning permit (decyzja o warunkach zabudowy i zagospodarowania terenu), while designated complementary development areas constitute the basis for a planning permit (decyzja o warunkach zabudowy). However, the master plan does not provide a legal basis for decisions other than zoning decisions, in particular building permits. Therefore, the arrangements in master plans will be binding when preparing local zoning plans and issuing planning permits.

The master plan is intended to be a concise document with relatively few provisions, allowing users to obtain comprehensive information on the possibility of developing a given plot of land.

Elements of a master plan

The area covered by the master plan will be divided into 13 discrete types of planning zones. This means that it is not permissible to introduce more than one designation for a zone (although some of the designations allow multiple functions).

The possible designations are as follows:

• Multi-functional zone with multi-family residential development
• Multi-functional zone with single-family residential development
• Multi-functional zone with homestead development
• Service zone
• Large-format retail zone
• Commercial zone
• Agricultural production zone
• Infrastructure zone
• Green and recreation zone
• Cemetery zone
• Mining zone
• Open zone
• Transport zone.

The explanatory memorandum to the amendment shows that the drafters’ aim was to allow mixing residential functions with other functions not generating conflicts. The service zone will be singled out for large facilities for delivery of administrative, healthcare and office services. Services related to large-format retail constitute a separate zone.

Additionally, master plans will have to specify communal urban planning standards (within which there will be a mandatory catalogue of planning zones and optional standards for social infrastructure accessibility). Each planning zone will be described by urban indicators and parameters. In implementing regulations, a minimum share of biologically active area will be specified for each type of zone.

In their master plans, communes may decide to set accessibility standards for social infrastructure. The communal standards for accessibility of social infrastructure cover the rules for providing access to elementary school and public green areas. If a master plan includes such provisions, adopted local plans and zoning decisions will have to comply with them.

Optionally, complementary development areas and city-centre development areas may be designated in master plans.

Pursuant to the amendment, when designating planning zones with residential (single-family or multi-family) or homestead development, priority is given to areas for which the existing local zoning plans specify a designation allowing for implementation of residential functions, as well as complementary development areas within the framework of the existing development. The sum of the absorptive capacity of the undeveloped land in these zones throughout the commune, including gaps in existing development, must not be less than 70% or more than 130% of the value of the demand for new residential development in the commune.

If in areas for which the existing local zoning plans specify a designation allowing for implementation of residential functions and complementary development areas within the framework of the existing development, the sum of the absorptive capacity of the undeveloped land, including gaps in the existing development, is greater than 130% of the value of the demand for new residential development in the commune, it is permissible to designate residential planning zones in these areas, and no residential zones are to be designated in the remaining areas of the commune. The absorptive capacity of housing stock and the demand for new development will be calculated based on algorithms contained in the implementing regulations.

Implementing regulations

Pursuant to Art. 13m of the Spatial Planning and Development Act, the minister for construction, planning and housing shall issue regulations specifying:

• The method of designating complementary development areas
• The characteristics of the planning zones, including their functional profile and the minimum proportion of biologically active area
• The method of calculating the demand for new residential development and the absorptive capacity of undeveloped land
• The method of creating a communal catalogue of planning zones
• The method of preparation of a draft master plan
• The method of application of designations, nomenclature, standards, and graphical presentation of spatial data
• The method of documenting planning work within the scope of the master plan
• The method of issuing extracts and map extracts from the master plan.

The Regulation of the Minister of Development and Technology of 8 December 2023 on the commune’s draft master plan, documentation of planning work within the scope of the plan, and issuance of extracts and map extracts from the plan, issued pursuant to Art. 13m(2) of the Spatial Planning and Development Act, introduces rules specifying the characteristics of planning zones, including their functional profile and the minimum proportion of biologically active area, and other items including the methods for calculating demand for new residential development and the absorptive capacity of undeveloped land, creating a communal catalogue of planning zones, and preparing the commune’s draft master plan.

Within the planning zones, annex 1 to the regulation specifies the basic and additional functional profile for a given zone, as well as the correlation indicator of the development absorption and development intensity and the minimum proportion of biologically active area. If the planning zone area is covered by existing local zoning plans, in this zone the commune can set a lower value for the minimum proportion of biologically active area lower than provided for in annex 1 to the regulation, but not lower than the highest value of the indicator describing the minimum proportion of biologically active area for the areas designated in the local zoning plans in force covering the zone area.

Pursuant to the regulation, the demand for new residential development and the absorption of undeveloped land in the zones mixed-use with multi-family housing, mixed-use with single-family housing, and mixed-use with homestead development is expressed in terms of the number of residents.

The regulation specifies the formula according to which the demand for new residential development is to be calculated. The formula takes into consideration the projected population of the commune plus 5%, the total usable area of housing units in the commune per capita, and the projected usable area of housing units in the commune per capita.

However, the regulation pursuant to Art. 13m(1) of the act has not yet been adopted. The draft regulation of 31 October 2023 on the method to determine the boundaries of the complementary development area in the commune’s master plan is currently at the opinion stage.

Procedure for adopting master plan

Prior to drafting a master plan, the commune council adopts a resolution to proceed with preparation of the master plan:

• At its own initiative
• At the request of the head the commune (wójt, burmistrz or prezydent, depending on the type of commune)
• Pursuant to a citizens’ legislative initiative filed under Art. 41a of the Local Government Act of 8 March 1990.

After the commune council adopts a resolution to proceed with drawing up a master plan, the head of the commune will:

• Announce the adoption of the resolution in the specified manner, stating the methods and place for submitting applications for the draft master plan and the deadline for submission, no less than 21 days after the announcement
• Notify the adoption of the resolution to the institutions and bodies competent to coordinate and give an opinion on the draft master plan, specifying the deadline for submitting applications to the draft master plan, no less than 21 days after notification
• Prepare the draft master plan with a justification and an environmental impact forecast, if required.

After preparation of the draft master plan, the head of the commune will apply to the relevant bodies for opinions and approvals, and then amend the draft master plan accordingly. Then the head of the commune will announce the start of public consultations on the draft master plan, carry out the consultations, and make amendments to the draft master plan resulting from the consultations. After that, the head of the commune will renew the consultations and approvals as necessary and make further relevant amendments.

After completion of these steps for preparation of the draft master plan, the head of the commune will present the draft master plan to the commune council along with a report summarising the public consultations, including a list of reported comments, a proposal for addressing them and the justification, as well as minutes of the measures carried out in the consultations. If the commune council finds it necessary to amend the draft master plan presented for adoption, including as a result of taking into account comments or applications to the draft master plan, it may be necessary to renew the arrangements accordingly. Only the part of the draft master plan covered by the amendment will be affected by these renewed steps.

Entry into force of master plans

All existing zoning studies will remain in effect until the effective date of the master plan in a given commune, but no later than 31 December 2025, as by that date each commune is required to prepare and adopt a master plan. Currently, legislative work is underway to extend this deadline by another two years.

Effects of introducing master plans

Communes argue that the deadline for enacting master plans is too short, as there are not enough specialists available to handle preparation of the plans and the rules for conducting public consultations will prolong the process.

The provisions of the master plan will have a direct bearing on the ability to issue zoning decisions. Thus, from the perspective of investors, a major problem may be exclusion of the possibility of residential development on a significant part of the land, and consequently a reduction in the value of sites for which the master plan does not foresee a residential function.

Karolina Dawidczyk-Bełc, adwokat, Sylwia Moreu-Żak, attorney-at-law, Real Estate practice, Wardyński & Partners