Act Of 27 March 2003 On Planning And Spatial

Original Language Title: USTAWA z dnia 27 marca 2003 r. o planowaniu i zagospodarowaniu przestrzennym

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Chapter 1 General provisions Article. 1. [range] 1. The law specifies: 1) the principles of spatial policy by government entities and government bodies, 2) the scope and procedures in cases of committing of certain goals and principles of their land and buildings – by adopting the spatial governance and sustainable development as the basis for these activities.

2. In the planning and spatial takes into account in particular: 1) spatial governance requirements, including urban planning and architecture;

2) architectural qualities and landscape;

3) environmental requirements, including water management and the protection of agricultural land and forestry;

4) requirements for the protection of cultural heritage and historical monuments and contemporary cultural goods;

5) requirements of health protection and safety of people and property, as well as the needs of persons with disabilities;

6) effects the economic space;

7) ownership;

8) defence and security needs of Member States;

9) needs of public interest;

10) necessary for the development of technical infrastructure, particularly broadband networks.

Article. 2. [Definitions] Whenever the law is talking about: 1) "spatial governance" should be understood such conformation space that creates a harmonious whole and take into account any relationships of ordered conditions and functional requirements, socio-economic, environmental, cultural and kompozycyjno-aesthetic;

2) "sustainable development" is to be understood as referred to in article development. 3, paragraph 50 of the Act of 27 April 2001 – environmental protection law (Journal of laws 2008 No. 25, item 150, as amended);

3) "environment"-understood environment, referred to in article 2. 3 paragraph 39 of the Act of 27 April 2001 – environmental protection law;

4) "the public interest" is to be understood the generalized objective aspirations and activities, taking into account the objectified view for the general public or local communities related to the spatial planning;

5) "public purpose investment"-understood activities about the importance of local (municipal) and ponadlokalnym (district, provincial and national), and national (including international investments and trans), regardless of the status of the decision maker these activities and the source of their funding, which is the achievement of the objectives referred to in article 1. 6 of the Act of 21 August 1997 on real estate economy (Journal of laws of 2010 No 102, item 651, as amended);

6) "the public space"-understood area of particular interest to meet the needs of the people, improve their quality of life and fostering social networking because of its location and characteristics of the functional and spatial, specified in the study of the conditions and directions of the spatial planning of the municipality;

6a) "functional area"-understood area of the specific phenomenon of spatial planning or spatial conflicts, forming a compact layout consisting of functionally related sites with common factors and expected uniform development goals;

6B) "urban functional area the provincial" – should be understood the type of functional area covering the town which is the seat of the local Government of the province or the Governor and his immediate environment related functionally;

7) (repealed);

8) (repealed);

9) (repealed);

10) "goods of modern culture"-understood non-cultural monuments, such as monuments, Memorial places, buildings, interiors and details, buildings, urban design and landscape, which recognized the acquis today living generations, if they are characterized by high artistic value or historical;

11) "closed area" is to be understood the area closed, referred to in article 2. 2 section 9 of the Act of 17 May 1989-geodetic and cartographic Law (Journal of laws of 2010, # 193, poz. 1287);

12) "construction plot" – understood ground property or piece of land, which size, geometric features, access to the public road and equipment in technical infrastructure devices meet the requirements of the implementation of the buildings resulting from separate regulations and local laws;

13) "armed land" – understood the road, construction, devices, and cables, referred to in article 1. paragraph 143. 2 of the Act of 21 August 1997 on real estate economy;

14) "access to the public road" – should be understood with direct access to the roads or access to it by way of an internal or by establishing an appropriate road easement;

15) "standards"-understood collections and ranges of requirements for studies and planning documents and rules for the application in these parameters for land-use planning;

16) "parameters and indicators of urban planning" – understood the parameters and indicators established in the planning documents, in accordance with the regulations issued on the basis of article. 10 paragraph 1. 4, art. 16 paragraph. 2 and art. 40;

17) "the economic value of space" – should be understood those qualities of space, which you can specify in economic terms;

18) "property value"-should be understood the market value of the property;

19) "sales area" – it should be understood that part of the public surface commercial which is a whole technical provisions, intended for retail sale, in which the direct sale of goods (without counting the surface to it services and catering and the surface of the Guide, which includes storage areas, offices, communications, exhibition, etc.).

Article. 3. [Evolution and spatial policies] 1. Shape and spatial policy in the municipal area, including the adoption of the study of the conditions and directions of the spatial planning of the municipality and the local land-use plans, with the exception of marine internal waters, the territorial sea and the exclusive economic zone and closed, belongs to the tasks of their own municipalities.

2. the carrying out, within the limits of their jurisdiction, analyses and studies of the spatial range, relating to the area of the County and its development, the tasks of the local Government of the County.

3. shaping and spatial policy in the administrative, including adoption of the spatial plan of the province, belongs to the tasks of self-government.

4. Evolution and spatial policies Member States, expressed in the concept of the spatial development of the country, belongs to the tasks of the Council of Ministers.

Article. 4. [zoning] 1. Determine the destination site, the arrangement of investment to the public and to identify ways of building conditions and terrain followed by local zoning.

1a. In relation to the areas of marine internal waters, territorial sea and exclusive economic zone land, location of investments to the public and how land use and zoning of land shall be determined on the basis of the provisions of the Act of 21 March 1991 on the marine areas of the Republic of Poland and maritime administration (Journal of laws of 2003 No. 153, item 1502, as amended).

2. in the absence of local spatial plan specifying the ways and conditions of building the site is by a decision of the zoning and land use, with: 1) the location of the investments to the public shall be determined by the location decision of investment to the public;

2) land use and zoning for other investments shall be established by a decision of the zoning.

3. In relation to the closed in local zoning shall be only the boundaries of these areas and the limits of their protective zones. In the protection zones shall be determined by the constraints in the development and use of land, including a ban on.

4. The provisions of paragraphs 2 and 3. 3 does not apply to closed sites determined by the Minister responsible for transport.

Article. 5. [land-use plans Projects] plans of spatial planning, study of the conditions and directions of zoning municipalities and local spatial plan shall draw up individuals who meet one of the following: 1) they are entitled to design in spatial planning on the basis of the law of 12 July 1984 on spatial planning (Journal of laws of 1989 No. 17, item 99, as amended);

2) have acquired urban permissions pursuant to art. 51 of the Act of 7 July 1994 on spatial (Journal of laws of 1999 No. 15, item 139, as amended);

3) are qualified to practice Norwegian newspaper on the territory of the Republic of Poland obtained under the Act of 15 December 2000 on local professional architects, civil engineers and urban planners (OJ of 2013.932 and 1650);


4) have a graduate in architecture, urban planning or spatial management;

5) have a graduate in terms other than as specified in section 4 and completed postgraduate studies in the field of spatial planning, urban planning or spatial management;

6) are citizens of the Member States of the European Union, the Swiss Confederation or Member State of the European free trade agreement (EFTA) – the parties to the agreement on the European economic area, who have acquired professional qualifications to design space and spatial planning in the local and regional scale corresponding to the requirements specified in paragraph 4 or 5.

Article. 6. [the findings of the local land development plan] 1. Determine the local land development plan form, along with other provisions, the way the exercise of the right of ownership of immovable property.

2. everyone has the right, within the limits laid down by law, to: 1) land, to which it has title, in accordance with the conditions laid down in the local zoning plan or a decision on zoning and land use, if this is without prejudice to a protected public interest law and third parties;

2) protect their own interest by development land belonging to other persons or organisational units.

Article. 7. [Failure of applications] settlement of the Mayor, the Mayor, the Mayor of the city, or Marshal of the rejecting of applications relating to the study of the conditions and directions of the spatial planning of the municipality, comments on the draft of this study, proposals on local spatial plan, comments on the draft of this plan or proposals for spatial plan of the province – are not subject to further appeal to the administrative court.

Article. 8. the [advisory bodies in matters of planning and zoning] 1. Advisory body the Minister responsible for construction, local planning and land-use planning and housing in matters of planning and zoning is the main Commission of urban Architecture.

2. the competent Minister of construction, a local planning and zoning and housing appoints and dismisses the Chairman and members of the Commission, referred to in paragraph 1. 1, and shall be determined, by Ordinance, regulations specifying the Organization and its activities.

3. the Marshal, Mayor, Mayor or city President shall appoint, subject to the provisions of paragraph 2. 4 and 5, respectively the county or municipal Commission of urban planning and architectural design architectural, as an advisory body, and shall be determined by the rules of procedure, its organization and mode of operation.

4. Reeve, Mayor or city President may entrust the Commission municipal urban planning and architectural design of the architectural set up in another municipality acting as an advisory body, on the basis of the agreement concluded with the respective Mayor, Mayor or city President.

5. starostach counties may be invoked the district committees of the urban-architectural as advisory bodies spokesmen counties and, on the basis of the relevant agreements, the mayors of municipalities or mayors within those counties that do not have designated Municipal Commission or does not perform the functions entrusted by the advisory body the Commission appointed in another municipality, as specified in paragraph 1. 4.6. The advisory body referred to in paragraph 1. 1, consists of people with education and preparation professional associated directly with the theory and practice of spatial planning.



Chapter 2 spatial planning in the municipality Article. 9. [the study of the conditions and directions of the spatial planning of the municipality] 1. In order to determine the spatial policy of the municipality, including local zoning rules, the Municipal Council shall adopt a resolution on the accession for the study of the conditions and directions of zoning municipalities, hereinafter referred to as "case study".

2. the Mayor, the mayor or President of the city shall prepare a study containing text and graphics part, having regard to the principles set out in the concept of the spatial development of the country, establishing a development strategy and spatial plan of the province and the development strategy of the municipality, unless the municipality has such a development.

3. The study shall be drawn up for the area within the boundaries of the administrative municipality.

4. Establish study are binding on the authorities of the municipality when drawing up local plans.

5. The study is not an act of local law.

Article. 10. [Considerations taken into account in the study] 1. The study takes into account the conditions arising in particular from: 1) an existing destination development and armaments;

2) State and governance requirements of its protection;

3) State of the environment, including the State of the agricultural and forestry production space, the size and quality of water resources and protection of environment, nature and cultural landscape;

4) State of the cultural heritage and historical monuments and contemporary cultural goods;

5) the conditions and quality of life of the inhabitants, including the protection of their health;

6) safety of the population and its property;

7) needs and opportunities for development of the municipality;

8) legal status of the land;

9) occurrence of objects and sites protected under the provisions of the separate;

10) occurrence of natural areas of geological hazards;

11) incidence of documented mineral deposits, groundwater resources and documented complexes underground storage of carbon dioxide;

12) the occurrence of mining areas designated under the provisions of the separate;

13) status of communications systems and technical infrastructure, including the degree of order the economy water and wastewater, energy and waste management;

14) tasks to achieve regional objectives;

15) requirements for flood protection.

2. The study shall be determined, in particular: 1) trends in spatial structure of municipalities and in the purpose of the sites;

2) directions and indicators on the management and use of the sites, including the sites excluded from the building;

3) areas and the principle of the protection of the environment and its resources, nature conservation, cultural landscape and spas;

4) areas and the principle of the protection of cultural heritage and historical monuments and contemporary cultural goods;

5) directions of development of communication systems and technical infrastructure;

6) areas in which investments will be distributed to the public of the importance of the local level;

7) areas in which investments will be distributed to the public about the importance of ponadlokalnym, as determined by the spatial plan of the province and the findings of the programs referred to in article 1. 48 para. 1;

8) areas for which it is mandatory to draw up local land development plan on the basis of the provisions of the separate, including areas carry out merges and the Division of property, as well as areas of deployment properties commercial sales area over 400 m2 [1] and public space;

9) areas for which the municipality intends to draw up zoning, including areas requiring changes in land use and forestry for non-agricultural purposes and nieleśne;

10) directions and policies shaping agricultural and forestry production space;

11) areas of special flood and landslides to mas machinery;

12) objects or areas for which shall be determined in a ' pillar of protection;

13) areas of monuments and their protective zones and restrictions on them in force to conduct a business in accordance with the provisions of the Act of 7 May 1999 on the protection of the sites of former Nazi death camps (Dz. u. Nr 41, poz. 412, as amended);

14) areas requiring transformation, rehabilitation or restoration;

15) the boundaries of the closed areas and their protected zones;

16) functional areas about the importance of local, depending on the circumstances and the needs of the development occurring in the municipality.

2A. If the area of the municipality is expected to designate areas where the deployed will be devices producing energy from renewable energy sources with a capacity exceeding 100 kW, as well as their protection zones associated with building and land use and use of the site; the study shall be determined by their location.

3. The obligation to accede to the drawing up of the local land development plan in the case referred to in paragraph 1. 2, paragraph 8, after the expiry of 3 months from the date of the establishment of this obligation.

4. the competent Minister of construction, a local planning and zoning and housing shall determine, by regulation, the scope of the project required a study of the text and graphics in part, taking into account in particular the requirements for planning materials, scale studies, applicable markings, naming standards, and how to document the planning work.

Article. 11. [resolution of accession for study] Mayor, Mayor or city President, following the decision by the Council of the municipality of resolutions on the accession for the study, go to:


1) announces in the local press and by notice, and as is customary in the locality of the resolution on the accession for the study, specifying the form, place and deadline for submission of proposals for a study of not less than 21 days from the date of the notice;

2) shall notify in writing the resolution of accession for the study of institutions and competent authorities to agree and assessment study of the project;

3) (repealed);

4) shall draw up a draft study in considering the requests referred to in paragraph 1, taking into account the findings of the spatial plan; in the absence of spatial plan of or failure to the spatial plan of government tasks, shall determine the programs referred to in article 1. 48 para. 1;

5) is obtained from the Municipal Council or other competent within the meaning of article 2. 8, urban planning and architectural design to the Commission its opinion on the draft of the architectural study;

6) arrange the project case study with the Board of the province in terms of its conformity with the terms of the spatial plan of the province and of the voivode with regard to its compliance with the terms of the programs referred to in article 1. 48 para. 1, and the opinions on the solutions adopted in the project study: a) of district, b) municipalities neighboring, c) the competent regional conservator, d) the competent authorities of the military, border security and the security of the State, e) the Director of the competent Office in the field of management of technical protective belt belt and marine ports and marinas, f) the competent authority of the mining supervision in the field of land for mining, g) the competent authority of the administration of geological , h) the Minister responsible for health management Spa protection areas, and regional water management Board Director) in the field of land use areas of special flood, j) Regional Director of environmental protection, k) (repealed), l) the competent authority of the State fire service and the provincial inspector of environmental protection in the field of:-the location of the new plants with increased or high risk of a major accident,-the changes referred to in article 1. 250 paragraph 3. 5 and 7 of the Act of 27 April 2001 – environmental protection law, existing plants with increased or high risk of a major accident, new investments and deployment areas of public space and residential areas in the vicinity of the plants with increased or high risk of a major accident, where these investments, areas or sites increase the risk or consequences of a major accident, m) suitable state provincial inspector of health;

7) (repealed);

8) (repealed);

9) changes arising out of the reviews and made the arrangements;

10) announces in the manner set out in paragraph 1, at the suit of the project study for public inspection for a period of at least 7 days before the date of the lining and teaches this project to the public and shall publish on the websites of the municipality for a period of at least 21 days and at that time a public discussion over the adopted in this project, a study of solutions;

11) shall, in the notice referred to in paragraph 10, the period within which legal and natural persons and organizational units not having a legal personality can make remarks on the proposal for a study, not less than 21 days from the date of the end of the period of presenting a case study;

12) submit to the Council of the municipality to adopt a project case study along with a list of not included comments referred to in paragraph 11.

Article. 12. [the adoption case study] 1. Study of establish the Municipal Council, ruling at the same time about how to consider the comments referred to in art. 11 paragraph 12. The text and Figure study, and the decision about how to consider the comments constitute the annexes to the resolution on the adoption of the study.

2. the Mayor, the mayor or President of the city shows the resolution on adoption of the study together with the annexes referred to in paragraph 1. 1, and planning work documentation in order to assess their compliance with the legal provisions.

3. If the Council of the municipality has not adopted a case study, not proceeded to change it or turning the study, not identified in the areas of distribution of investment to the public about the importance of national and regional, included in the zoning of the or in the programmes referred to in article 1. 48 para. 1, Governor, after taking steps to agree on timing of these investments and the conditions for the introduction of these investments to the study, calls on the Council of the municipality to adopt a case study or change it within the prescribed period. After expiration of this term the Governor shall draw up zoning or change it for the area concerned by the failure of the commune, to the extent necessary for the delivery of investment to the public and it seems in this case to order the replacement. In this mode, the plan produces legal effects, such as zoning.

4. In the case referred to in paragraph 1. 3, the cost of drawing up of the plan shall be borne by the whole municipality, the area affected by the order.

Article. 13. [Costs of preparation of the study] 1. The cost of preparation of the study shall be borne by the budget of the municipality.

2. the costs of preparation or changes resulting from the study of the distribution of investment to the public about the importance of ponadlokalnym shall be borne by the State budget, respectively, of the budget or the budget of the County.

Article. 14. [local Plan] 1. In order to determine the destination sites, including for investments to the public, and to identify ways of building and the Municipal Council take a resolution to draw up local spatial plan, hereinafter referred to as "local", subject to paragraph 2. 6.2. An integral part of the resolution referred to in paragraph 1. 1, is a graphic attachment limits the area covered by the project plan.

3. local Plan, which resulted in a change in land use and forestry for non-agricultural purposes and nieleśne, shall be drawn up for the whole area designated in the study.

4. A resolution referred to in paragraph 1. 1, the Municipal Council shall on its own initiative or at the request of the Mayor, the mayor or President of the city.

5. Before the resolution, referred to in paragraph 1. 1, the Mayor, the mayor or President of the city performs analysis on the merits of accession to draw up the plan and the degree of compatibility of the envisaged solutions with the findings of the study, preparing materials surveying to develop a plan and determine the necessary planning work.

6. local Plan shall be drawn up not for closed areas, with the exception of closed areas are identified by the Minister responsible for transport.

7. local Plan shall be made mandatory, if required by the regulations.

8. local Plan is an act of local law.

Article. 15. [the draft local plan] 1. Mayor, Mayor or President of the city shall draw up a draft local plan, containing part of the text and, in accordance with the provisions of the study and with the provisions of the separate, relating to the area covered by the plan.

2. In the local plan sets out mandatory: 1) use areas and the demarcation lines areas with different purposes or of different land-use policy;

2) privacy policy and urban governance;

3) the principle of the protection of the environment, nature and cultural landscape;

4) the principle of the protection of cultural heritage and historical monuments and contemporary cultural goods;

5) requirements arising from the needs of formative public spaces;

6) shaping policies for buildings and land, the maximum and minimum intensity of the building as an indicator of the total surface area in relation to the surface of the building land, the minimum percentage of biologically active surface in relation to the surface of the building land, maximum height, minimum number of parking spaces in the space intended for the parking of vehicles fitted with a parking card and how to implement them and building lines and dimensions of objects;

7) boundaries and ways of land or objects to be protected, established on the basis of separate provisions, including mining areas, as well as areas of special flood and landslides to mas machinery;

8) detailed rules and conditions for the merge and the Division of property under the local plan;

9) special conditions of land and restrictions on their use, including a ban on building;

10) the principles of modernisation, expansion and construction of communication systems and technical infrastructure;

11) the manner and term of temporary land use, devices and use of land;

12) interest rates, on the basis of which shall be the fee referred to in article 1. 36 paragraph 1. 4.3. In the local plan is determined according to your needs: 1) the boundaries of the areas requiring merges and splits real estate;

2) the boundaries of the areas of rehabilitation of existing buildings and technical infrastructure;

3) the boundaries of the areas for transformations, or remediation;


3A) for the construction of the land boundaries of devices referred to in article 1. 10 paragraph 1. 2A, and the boundaries of their protected zones relating to the restrictions on land use, and land use and the occurrence of significant impact on the environment;

4) the boundaries of the land for the construction of commercial buildings, referred to in article 1. 10 paragraph 1. 2 paragraph 8;

4A) the boundaries of the areas of distribution of investment to the public of the importance of the local level;

4B) the boundaries of areas of investment to the public about the importance of ponadlokalnym located in the zoning of the or in the final decision about the location of the national road, provincial or district, the railway line about the importance of the State, public use, investment in the terminal or the project Euro 2012;

5) the boundaries of the areas for villages and for the organisation of mass events;

6) the boundaries of the monuments of doom and their protected zones, as well as restrictions on the conduct of their economic activity, as referred to in the Act of 7 May 1999 on the protection of the sites of former Nazi death camps;

7) the boundaries of the closed areas, and the boundaries of the protected zones areas closed;

8) how to position objects in relation to roads and other areas are available to the public and to the borders of the adjacent properties, color properties and cover roofs;

9) the terms and conditions for the position itself freely objects small architecture, arrays, and advertising equipment and fences, their dimensions, quality standards and types of building materials, which can be made;

10) the minimum area of the newly designated building land.

Article. 16. [local plan Scale] 1. Local plan shall be drawn up in the scale of 1:1000, with the use of the official copy of the essential maps or in the absence of cadastral maps, collected at the State resource surveying and kartograficznym. In particularly justified cases it is permissible to use maps on a scale of 1:500 or 1:2000, and in cases of local plans, which shall be drawn up solely for the purpose of land for afforestation or prohibit, shall be permitted to use maps in the scale 1:5000.

2. the competent Minister of construction, a local planning and zoning and housing shall determine, by regulation, the scope of the project required a local plan in part of the text, taking into account in particular the requirements for planning materials, scale studies, applicable markings, naming standards, and how to document the planning work.

3. the competent Minister of construction, the local planning and land-use planning and housing, in consultation with the Minister of national defence, Minister for regional development and Minister for internal affairs shall determine, by regulation, how to take into account the spatial needs of the defence and security of the State, having regard, in particular, issues related to: 1) preparation and prevention of risks, and especially military aggression;

2) preparation and prevention of internal threats, and especially the threats to security and public order, man-made disasters and natural disasters and economic risks and economic.

Article. 17. [resolution of accession for the local plan] Mayor, Mayor or President of the city following the decision of the Municipal Council on accession for local plan: 1) announces in the local press and by notice, and as is customary in the locality of the resolution on the accession of the for plan, specifying the form, place and deadline for submission of applications to the plan , not less than 21 days from the date of the notice;

2) shall notify, in writing, of the resolution on the accession of the competent institutions and bodies plan for reconciliation and an assessment of the plan;

3) (repealed);

4) shall draw up a draft local plan in considering the requests referred to in paragraph 1, together with the forecast of the impact on the environment;

5) shall draw up an estimate of the financial impact of the adoption of the plan, taking into account article. 36;

6) occurs: a) [2] reviews of the project plan to:-Municipal Council or other competent within the meaning of article 2. 8, the Committee on urban-architectural-mayors, mayors of municipalities or mayors, bordering the area covered by the plan, in terms of distribution of investment to the public about the importance of local-regional director of environmental protection,-the competent authorities of the geological administration in terms of documented mineral deposits and groundwater,-the competent authority of the State fire service and the provincial inspector of environmental protection in terms of the location of new plants with increased or high risk of a major accident the changes referred to in article 1. 250 paragraph 3. 5 and 7 of the Act of 27 April 2001 – environmental protection law, existing plants with increased or high risk of major accidents and new investments and deployment areas of public space and residential areas in the vicinity of the plants with increased or high risk of a major accident, where these investments, areas or sites increase the risk or consequences of a major accident , – the correct state provincial inspector of sanitary-Starosta, as the competent authority for environmental protection in terms of areas at risk of landslides mas, and (b)) a reconciliation of the project plan with: – the voivode, the Board of administration of the County in terms of appropriate tasks of General Government, – the competent authorities to agree draft plan pursuant to the provisions of the separate-competent Governor of the road, if the means of land adjacent to the road or lane change this way can affect traffic or the same way ,-the competent authorities of the military, border security and the security of the State, is the Director of the competent maritime authority in the field of management of technical protective belt belt and marine ports and marinas, – the competent supervisory authority of the mining in the field of land for mining, is the competent Minister for health management Spa protection areas,-the competent regional Conservator of monuments in the field of formation and management of the site, and (c)) consent to the change in land use and forestry for non-agricultural purposes and nieleśne If separate provisions require it;

7) (repealed);

8) (repealed);

9) changes arising out of the reviews and made arrangements and announces, in the manner set out in paragraph 1, at the suit of the project plan to the public for at least 7 days before the date of the lining and teaches this project along with the forecast of the impact on the environment to the public for a period of at least 21 days and at that time a public discussion over the adopted in the project plan solutions;

10) (repealed);

11) shall, in the notice referred to in paragraph 9, the date on which the natural and legal persons and organizational units not having a legal personality may make comments on the draft plan, not less than 14 days from the date of the end of the period of presenting a draft plan;

12) shall examine the considerations referred to in paragraph 11, within not more than 21 days from the date of expiry of the period for their submission;

13) makes changes to the project plan local arising from examination of the comments referred to in paragraph 11, and then to the extent reiterates its arrangements;

14), submit to the Council of the municipality of project local plan along with a list of not included comments referred to in paragraph 11.

Article. 18. [comment to the project] 1. Comments on the draft plan of the local can make anyone who disputes the findings adopted in the project plan, central to public inspection referred to in article 2. 17 paragraph 9.

2. comments on the draft plan should be submitted in writing within the time limit fixed in the invitation referred to in article 2. 17 paragraph 11.

3. As made in writing shall be deemed to be also the observations made in electronic form: 1) bear a safe electronic signature verified using a valid qualified certificate within the meaning of the Act of 18 September 2001 on electronic signatures (OJ of 2013.262) or 2) signed by a confirmed trusted profile ePUAP within the meaning of the provisions of the Act of 17 February 2005 on the computerization of the business entities pursuing public tasks (Journal of laws of 2013.235) or 3) using electronic Totes podawczej within the meaning of the provisions of the Act of 17 February 2005 on the computerization of the business entities pursuing public tasks.

Article. 19. [changes] 1. If the City Council determines the need to make changes in the plan project for local, including as a result of consideration of comments on the draft plan-activities referred to in article 1. 17, renewed to the extent necessary to make these changes.

2. The subject of retried/steps can only be part of the project plan subject to change.


Article. 20. [resolution of the Municipal Council concerning the plan for the local] 1. The local municipal Council adopts plan, after finding that does not infringe on the findings of the study, without at the same time about how to consider the comments to the project plan and how to implement, saved in the plan, the investment from the scope of the technical infrastructure, which belong to the own tasks of the municipality, and the principles of their financing, in accordance with the provisions of the public finance. Part of the plan text is content of the resolution, part of the graphics and the settlement are the annexes to the resolution.

2. the Mayor, the mayor or President of the city shows the resolution referred to in paragraph 1. 1, together with its annexes and planning work documentation in order to assess their compliance with the legal provisions.

Article. 21. [the cost of preparation of the local plan] 1. The costs of drawing up the plan of the local shall be borne by the budget of the municipality, subject to paragraph 2. 2.2. The costs of drawing up the plan of the local burden: 1) State budget-if it is, in whole or in part, a direct consequence of the intention to carry out investments to the public of national importance;

2) budget of – if it is in whole or in part, a direct consequence of the intention to carry out investments to the public about the importance of provincial;

3) budget: if it is, in whole or in part, a direct consequence of the intention to carry out investments to the public about the importance of the district;

4) Investor pursuing the investment to the public – in so far as it is a direct consequence of the intention of the implementation of this investment.

Article. 22. [integration and Division of property] If local plan includes the areas to carry out merges and splits the property, the Municipal Council, after its adoption, it shall take a resolution to proceed with a merge, and the Division of property, in accordance with the provisions of the real estate economy.

Article. 23. [obligation to cooperation bodies in drawing up the project] Authorities, referred to in article 1. 11 paragraph 5 and 6 and article. 17 paragraph 6, to the extent your jurisdiction and local are obliged to cooperate in drawing up appropriate project case study or project plan, involving the expression of opinion, applying and sharing information.

Article. 24. [Agreeing and drafting projects] 1. The authorities referred to in article 1. 11 paragraph 6 and article. 17 paragraph 6, to the extent your jurisdiction or local, advise and agree, at your expense, respectively the design study or a project plan. Arrangements shall be made pursuant to art. 106 of the administrative procedure code.

2. the Mayor, the mayor or President of the city can be considered as a draft case study or project local plan in the case, in which the authorities referred to in paragraph 1. 1, do not specify the terms on which reconciliation can take place.

Article. 25. [Date of agreement] 1. Mayor, Mayor or mayor shall set a time limit to make arrangements or consulted by the authorities referred to in article 1. 11 paragraph 5 and 6 and article. 17 paragraph 6, not less than 14 days and not longer than 30 days from the date of the share project case study or project local plan along with the forecast of the impact on the environment.

1a. the Authority thereto setting out or opinion may in justified cases occur to Reeve, Mayor or city President, to amend the time limit referred to in paragraph 1. 1, pointing to the term no longer than 30 days to present the opinion or to make arrangements.

2. Failure or conditions referred to in article 1. 24 paragraph. 2, within the time limit referred to in paragraph 1. 1 and 1a, shall be deemed to be equivalent to the arrangement or the zaopiniowaniem project.

Article. 26. [the cost of changes to projects] 1. The authority with which it was agreed the design study or project plan, shall bear the costs of the changes to these projects, due to a subsequent change in position.

2. If the authority referred to in paragraph 1. 1, works within a complex of the district administration, or in the context of self-government and perform tasks from the scope of the Government, the State shall bear the costs of study and changes the local plan or their projects only when changing the position of the body is due to changes in the law or from the binding of the new arrangements of the competent authority of the Government.

Article. 27. [mode changes the project] change case study or local plan is in this mode, in which they are adopted.

Article. 28. [violation for study or local plan] 1. Violation for the study or the local plan, material breach of their preparation mode, as well as a violation of the properties of bodies in this respect, invalidate the resolution of the Municipal Council, in whole or in part.

2. If a supervisory decision the Governor, declaring a resolution on the study or the local plan, will become final because of a failure by the municipality, within the time limit, a complaint to the administrative court or if the complaint is by the Court rejected or dismissed, the activities referred to in article 1. 11 and 17, renewed to the extent necessary to bring about compliance with the legal provisions of the plan or study project.

Article. 29. [Applicability of the resolution] 1. Resolution of the Municipal Council on the enactment of the local plan is valid from the date of entry into force of the specified therein, but not earlier than after 14 days from the date of publication in the official journal of the region.

2. the Decision referred to in paragraph 1. 1, shall also be published on the website of the municipality.

Article. 30. [the right to study or local plan] 1. Everyone has the right to study or local plan and receipt of these extracts and obtainment.

2. (repealed).

Article. 31. [a record of local plans] 1. Mayor, Mayor or President of the city shall maintain a record of local plans and applications for their drawing up or change, collects materials related to them and shall be responsible for keeping their originals, including the repealed and nonbinding.

2. the Mayor, Mayor or city President is obliged to pass the people who helped a copy of the adopted local plan or study, no later than the date of their entry into force.

Article. 32. [analysis of the changes in the spatial municipality] 1. In order to evaluate the news study and plans of the local mayor, Mayor or city President analyses the changes in spatial municipality, assesses the progress in the preparation of plans and shall draw up a multi-annual programmes their preparation in relation to the findings of the study, taking into account the decision contained in the records referred to in article 1. 57 paragraph 3. 1-3 and art. 67, and the conclusions in drawing up or plan changes.

2. the Mayor, the mayor or mayor shall forward to the Council of the municipality of the results of the analyses referred to in paragraph 1. 1, after obtaining the opinion of the Municipal Council or other competent within the meaning of article 2. 8, Commission urban-architectural, at least once during the term of Office of the Council. The Municipal Council shall adopt a resolution on news the study and local plans, and if they are out of date, in whole or in part, shall take the action referred to in article 1. 27.3. When taking decisions referred to in paragraph 1. 2, the Municipal Council shall take into account, in particular, compliance with the requirements of the local plan or study arising from the provisions of article 4. 10 paragraph 1. 1 and 2, article. 15 and art. 16 paragraph. 1. Article. 33. [Revision set] if, as a result of changes to the set, it is necessary to change the study or local plan, the activities referred to in article 1. 11 and 17 shall be, respectively, to the extent necessary to make these changes.

Article. 34. [entry into force of the local plan] 1. The entry into force of the local plan will lose effect to other land-use plans or parts relating to the covered area.

2. Loss of effect of the local plan does not expire administrative decisions issued on the basis of this plan, subject to article 22. 65 paragraph 1. 1 paragraph 2 and paragraph 3. 2. Article. 35. [change of destination areas] areas where the purpose of the plan local changes, can be used in a way the current until they land in accordance with this plan, unless the plan is established otherwise temporary land use.

Article. 36. [Limitation of the enjoyment of property] 1. (3) where, in connection with the adoption of the local plan or change the use of immovable property or part thereof in the current or in compliance with the current purpose has become impossible or significantly limited, the owner or user of perpetual real estate may, subject to paragraphs 2 and 3. 2, the request of the municipality: 1) compensation for the damage suffered actual injury or 2) to purchase immovable property or part thereof.

2. implementation of the claims referred to in paragraph 1, may also be refused by offer by the municipality to the owner or user to wieczystemu a replacement property. As of the conclusion of the agreement replace the claims expire.

3. If, in connection with the adoption of the local plan or change the value of the property have deteriorated, and the owner or perpetual user disposes of this property and does not benefit from the rights referred to in paragraph 1. 1 and 2, may request from the municipality of compensation equal to the lower of the value of the property.


4. If, in connection with the adoption of the local plan or change the value of the property has increased, and the owner or perpetual user disposes of this property, the Mayor, the mayor or President of the city gets a one-time fee set out in this plan, as set out in the percentage increase in the value of the property. This fee is your own income. The amount of the fee must not be higher than 30% increase in the value of the property.

4A. The fee referred to in paragraph 1. 4, there is in the case of transfer of charge by farmer ownership of immovable property forming part of the agricultural holding on the successor within the meaning of the provisions of the Act of 20 December 1990 on social insurance of farmers (Journal of laws 2008 No. 50, item 291, as amended) or the provisions on specific conditions and procedures for the granting of financial aid under the measure "structural Pension" covered by the Rural Development Programme 2007-2013 issued under art. 29. 1 paragraph 1 of the law of 7 March 2007 on the promotion of rural development with the participation of the European agricultural fund for rural development (Journal of laws No. 64, item 427, as amended). In the case of disposal by the successor of the property provided by the farmer, the provisions of the fee referred to in paragraph 1. 4, shall apply mutatis mutandis.

5. in the event of the annulment of the resolution of the Municipal Council on the local plan, in part or in whole, the compensation referred to in paragraph 1. 1 paragraph 1, or the fee referred to in paragraph 1. 4, be returned properly to the municipality or to the current owner or user perpetual real estate.

6. In the case referred to in paragraph 1. 3, in the event of the annulment of the resolution of the Municipal Council on the local plan in whole or in part the municipality may require the current owner or user perpetual real estate refund the amount equivalent to the compensation.

Article. 37. [amount of compensation for a reduction in the value of the property] 1. [4] the amount of compensation for a reduction in the value of the property referred to in article 1. 36 paragraph 1. 3, and the amount of the fee in respect of the increase in the value of the property referred to in article 1. 36 paragraph 1. 4, shall be determined on the day of the sale. Reduction and an increase in the value of the property is the difference between the value of the property specified taking into account the purpose of the site applicable after the adoption or change of the local plan and its value, the specified taking into account the destination site, before you change the plan, or the actual use of the property before its adoption.

2. (repealed).

3. The claim referred to in article 1. 36 paragraph 1. 3, can be reported within 5 years from the date on which the plan local or its revision have become applicable.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to the fees referred to in article 1. 36 paragraph 1. 4.5. Notary public, within 7 days from the date of the contract, the object of which is the disposal of property, in the form of a notarial deed, is obliged to send wójtowi, Mayor or President of the extract from the Act.

6. Reeve, Mayor or President of the city shall be the fee referred to in article 1. 36 paragraph 1. 4 by decision, immediately after receipt of an extract from the notarial act, referred to in paragraph 1. 5.7. The owner or user of a perpetual property, whose value increased in connection with the adoption or amendment of the local plan, before its sale may request from the Mayor, the mayor or President of the city determine by way of decision, the amount of the levy referred to in article 1. 36 paragraph 1. 4.8. Mayor, Mayor or President of the city shows a periodically-as needed, but at least once a year – at a session of the Municipal Council about the reported requests referred to in article 1. 36 paragraph 1. 1-3. 5, and issued the decisions referred to in paragraph 1. 6 and 7.

9. implementation of the obligation arising from the claims referred to in article 1. 36 paragraph 1. 1-3, should take place within 6 months from the date of the request, unless the parties agree otherwise. In the event of a delay in the payment of compensation or buyout of real estate owner or user wieczystemu property are entitled to the statutory interest.

10. disputes in matters referred to in article 1. 36 paragraph 1. 1-3. 5, are heard by courts.

11. With regard to the rules for determining the value of the property and the rules for determining the financial impact of the adoption of or changes in local plans, as well as with regard to the persons authorized to determine these values and the financial consequences of the provisions on real estate economy.



Chapter 3 spatial planning in the administrative Art. 38. [Zoning Plan of] bodies of self-government shall draw up zoning plan, conduct analysis and studies, and to develop concepts and programs relating to the areas and issues planning according to the needs and objectives of the measures taken in this respect of the work.

Article. 39. [Resolution of accession for the plan] 1. Of the House take the accession resolution for spatial plan of the province.

2. the Zoning Plan of the province shall be drawn up for the area within the boundaries of the administrative province.

3. In the zoning of the account shall be taken of the findings of the development strategy, and in particular: 1) the basic elements of the settlement network of and their communication links and infrastructure in this orientations cross-border links;

2) the system of protected areas, including areas of environmental protection, nature and cultural landscape, the protection of the health and cultural heritage and monuments and contemporary cultural goods;

3) placement of investment to the public about the importance of ponadlokalnym;

4 land use policies and functional areas) the importance of supra-regional and, depending on your needs, the boundaries and land use policies for regional functional areas;

5) (repealed);

6) areas of special flood hazard;

7) the boundaries of the closed areas and their protected zones;

8) areas of documented mineral deposits and documented complexes underground storage of carbon dioxide.

4. in the zoning of the account shall be taken of the findings of the concept of the spatial development of the country, referred to in article 1. 47 paragraph 1. 1 paragraph 1 and referred to in article 1. 48 para. 1.5. In the zoning of places these investments to the public about the importance of ponadlokalnym, referred to in paragraph 1. 3 paragraph 3 which have been laid down in the documents adopted by the Sejm of the Republic of Poland, the Council of Ministers, the competent Minister or regional, according to their property.

6. For urban functional area of the resort's annual provincial zoning plan of urban functional area regional centre as part of the spatial plan of the province.

7. the Zoning Plan of urban functional area of the provincial area may also include areas lying outside the urban functional area of the provincial.



Article. 39A. [to ensure the consistency of spatial plan of the province] in order to ensure the consistency of the zoning plan of the province adjusts to the development strategy of the province after the update, to the extent that the strategy update applies the spatial regions.

Article. 40. [Delegation] the competent Minister for regional development shall determine, by regulation, the scope of the project required spatial plan of the part of the text, taking into account in particular the requirements for planning materials, scale studies, applicable markings, naming standards, and how to document the planning work.

Article. 41. [Steps following the resolution to draw up a plan] 1. Following the decision of the Regional Council of the resolution on the accession for spatial plan of the Marshal of: 1) announces the nationwide press and by notice in the offices of municipalities, starostwach district, the Office of the Marshal and the Office of provincial of the resolution on the accession of the for plan, specifying the form, place and deadline for submission of proposals for the plan of not less than 3 months from the date of the notice;

2) shall notify in writing the resolution of accession for the competent institutions and bodies plan to agree and assessment plan;

3) shall consider the applications referred to in paragraph 1;

4) shall draw up a draft zoning plan of the province along with the forecast of the impact on the environment;

5) is obtained from the provincial Commission urban-architectural its opinion on the draft plan;

6) applies for its opinion on the draft plan to the competent institutions and bodies, as well as to the Governor, the boards of districts, mayors, mayors of municipalities and mayors within the province, and the Government public administrations in areas adjacent to the borders of the province and shall agree with the authorities of the project referred to in the provisions of the separate;


7) shall submit a draft of the plan to the Minister competent for regional development, in order to determine its compatibility with the concept of spatial management of the country and Government programmes, referred to in article 1. 48 para. 1;

8) shall submit a draft of the plan sejmikowi of the adoption.

2. for the assessment of the project and spatial plan of the province shall apply mutatis mutandis the provisions of art. 23-26, with the exception of the term make arrangements and provide reviews, which should not be less than 40 days from the date of the share project plan along with the forecast of the impact on the environment.

Article. 42. [Enacting the plan] 1. Zoning Plan of the passes, the House of the province.

2. The resolution of the Dolnośląskie Provincial Assembly for the adoption of the spatial plan of the planning work, including Marshal of the passes of the Palatine in order to assess compliance with legal regulations and notice in the provincial Gazette.

3. amendment of the spatial plan of the province in which mode is adopted this plan.

Article. 43. [Costs of drawing up the plan] 1. The cost of preparation of spatial plan of shall be borne by the budget of the province, subject to paragraph 2. 2.2. The cost of preparation of spatial plan of shall be borne by the State budget or the investor pursuing the investment of national importance to the public in so far as the drawing up of this plan is a direct consequence of the implementation of the objectives of the investment.

Article. 44. [Arrangement of investment] 1. Determine the spatial plan of the local plan after the appointment of the investment to the public about the importance of ponadlokalnym and the conditions for their entry into the plan.

2. The arrangements referred to in paragraph 1. 1, shall Marshal with the Mayor, the mayor or President of the city.

3. the costs of the introduction of the findings of the spatial plan of the local plan and the reimbursement of expenses for compensation referred to in article 1. 36, as well as the amount intended to cover the increased costs of achieving the objectives of the Community shall be fixed in the agreement concluded between the Marshal of a mayor, the mayor or President of the city. The provisions of article 4. 21 shall apply mutatis mutandis.

4. Disputes concerning the matters referred to in paragraph 1. 1-3, are heard by courts.

Article. 45. [the periodic evaluation of the plan] Zoning Plan of the province shall be subject to periodic evaluation. Board of, at least once during the term of Office of the Regional Council, shall review the changes in the spatial, shall draw up a report on its State within the range specified in art. 39 paragraph 1. 3 and draw up an evaluation of the implementation of the investments referred to in article 1. 39 paragraph 1. 5, subject to a favourable opinion from the County Commission urban-architectural. The results of this review and a report is presented of sejmikowi and passed to the message the Minister competent for regional development.



Chapter 4 land use planning at the national level Article. 46. [coordination of the conformity plans] the competent Minister for regional development: 1) coordinates the compliance of zoning plans of provinces with the concept of the spatial development of the country;

2) coordinates cross-border and cross-border cooperation in planning and zoning;

3) (repealed).

Article. 47. [Drafting the concept of spatial management of the country] 1. The competent Minister for regional development, taking account of the objectives contained in the strategic documents of the Government: 1) shall draw up the concept of spatial management of the country, which takes into account the principles of sustainable development of the country based on the natural, cultural, social and economic conditions, referred to in the provisions of the separate, and foreign cooperation in this field;

2) conducts analysis and studies, develops concepts and draw up programmes relating to the areas and issues in the field of strategic programming and forecasting economic and social development, in cooperation with the competent Ministers and with the Central Government authorities.

2. the concept of spatial management of the country determines the circumstances, objectives and directions for the sustainable development of the country and the measures necessary to achieve it, and in particular: 1) the basic elements of the national network of settlement;

2) environmental requirements and taking into account the areas to be protected;

3) placement of international and national social infrastructure;

4) placement of objects of transport, technical infrastructure and strategic water resources and water management facilities of the importance of international and national level;

5) functional areas within the framework of the types referred to in article 1. 49B. 2a. The concept of spatial management of the country takes into account the objectives and directions contained in the long-term strategy for the development of the country and covers a period compatible with the period of its validity.

3. the Council of Ministers shall, by resolution, the concept of spatial management of the country and to determine to what extent the concept will be formed the basis for the programs referred to in article 1. 48 para. 1.4. President of the Council of Ministers presents to the Sejm of the Republic of Poland to the message the concept of spatial development of the country.

5. the President of the Council of Ministers may appoint a State land-use Council, as an advisory body on the concept of spatial management of the country, and to establish, by Ordinance, regulations specifying the tasks, the Organization and its activities.

6. the concept of spatial planning can be updated at any time, if required by the socio-economic situation or spacious country.

7. To update the concept of spatial management of the country shall apply mutatis mutandis the provisions of paragraph 1. 1, 3 and 4.

Article. 47A. [review and policy analysis and the conditions for the functioning of the institution] the competent Minister for regional development, in terms of shaping the spatial governance, review and policy analysis, how to, and the conditions of the functioning of the institutions, procedures and instruments and shall submit to the Council proposals for amendments, having regard in particular to the concept of the spatial development of the country.

Article. 48. [Drafting programs, including government jobs] 1. The Ministers and Central Government authorities, within its jurisdiction, shall draw up programs containing government tasks, hereinafter referred to as "programs", for the implementation of public purpose investment of national importance.

2. the programmes shall be subject to a favourable opinion from the Kingdom of the relevant provinces.

3. the Council of Ministers shall, by regulation, programmes, having regard, in particular, the objectives and directions referred to in article 1. 47 paragraph 1. 2. Article. 49. [request program for spatial plan] 1. (repealed).

2. Ministers and Central Government authorities are to marshal the proper of a request for the introduction of the spatial plan of the province.



Chapter 4a functional areas Art. 49A. [functional areas] to functional areas include: 1) functional areas about the importance of supra-regional – as functional areas of major importance for spatial policy;

2) functional areas regional-as functional areas of major importance for spatial policy of;

3) functional areas about the importance of local-as functional areas of major importance for spatial policy.



Article. 49B. [types of functional areas of the importance of supra] to the types of functional areas of the importance of supra-regional include: 1) urban functional area for the provincial;

2) country functional area;

3) functional area specific phenomena of a macro-regional scale, including: a), (b)) Bayou;

4) cross-border functional area.



Article. 49 c. [specify the functional areas] 1. Functional areas shall be to ensure: 1) continuity and compactness which area of the designation of the area enclosed by a common border;

2) the availability of data, allowing for the determination of total area, the spatial range to resolve existing or anticipated problems and the development of new features.

2. Functional areas covering the range of more than one State are determined by the provincial government in respect of its territory, in consultation with the Governments of other provinces.



Article. 49 d [specifying the functional areas and their boundaries] 1. The provincial Government determines the functional areas of the importance of supra-regional and their boundaries.

2. The provincial government may, on its own initiative or at the request of the local government, municipal or District Government, determine the functional areas of regional importance and their boundaries.


3. Proposals and proposals for determining the functional areas, referred to in paragraph 1. 1 and 2, the provincial government shows for an opinion by the local government unit, located within the province. The opinion is expressed during the Conference, in which representatives of local authorities and representatives of local government units.

4. The provincial Government organizes the Conference referred to in paragraph 1. 3, within 30 days from the date of presentation by: 1) local self-government or District Council-application referred to in paragraph 1. 2;

2) the provincial government is on its own initiative, proposals for determining the regional functional areas and their boundaries.

5. the competent Minister for regional development shall determine, by regulation, the detailed terms and conditions for determining the functional areas and their boundaries in the type of functional areas, referred to in article 1. 49B paragraph 1, 3 and 4, with a view to ensuring the determination of functional areas in a uniform manner throughout the country, and taking into account the parameters characterizing the type of functional area.

6. the competent Minister in charge of rural development shall determine, by regulation, the detailed terms and conditions for determining the functional areas and their boundaries within the type functional area referred to in article 2. 49B paragraph 2, with a view to ensuring the determination of functional areas in a uniform manner throughout the country, and taking into account the parameters characterizing the type of functional area.



Article. 49E. [specify the functional areas of the importance of local] local self-government can determine the functional areas of the importance of the local level.



Article. 49f. [spatial Policy of] spatial Policy of in relation to the functional area of the importance of the supra-regional or regional is conducted in consultation with the local government units that are located within the functional area.



Chapter 5 Location of investments to the public and to determine any conditions in relation to other investments Article. 50. [location of investment to the public] 1. Investment to the public is located based on the local plan, and, in the case of his absence, by a decision to fix the location of investment to the public. A condition referred to in article 2. 61 paragraph 1. 1, point 4, shall apply mutatis mutandis.

2. Do not require a decision on the location of investment to the public works: 1) consisting of the reconditioning, Assembly, or, if they do not cause changes in the way land use and use of the work and do not change its architectural form, and are not included in the projects requiring an environmental impact assessment procedure, within the meaning of the environmental laws, or 2) that do not require a building permit.

3. (repealed).

4. Draft decision to determine the location of investment to the public shall be entrusted to the person referred to in art. 5, or a person on the list of the Chamber of architects building qualified self-regulatory to design without limitations in the architectural or building to design and direct the works without limitation in architectural specialties.

Article. 51. [the issuing Authorities] 1. In matters of establishing public purpose investment location decisions seem to with regard to: 1) of investment to the public about the importance of national and regional-Mayor, Mayor or city President in consultation with the province;

2) investment to the public about the importance of district and municipal-mayor, Mayor or President of the city;

3) public purpose investment in closed-Governor;

4) (repealed).

2. in the case of refuse by the competent authority of the decision on the establishment of a public purpose investment location within 65 days from the date of submission of the application for such a decision, the higher degree of measures that authority, by means of provisions that have the complaint, penalty of $500 for each day of delay. The proceeds from the fines represent revenue of the State budget.

2A. a higher degree of Authority in the cases referred to in paragraph 1. 2 is the Governor.

2B. A fine shall be paid within 14 days from the date of service of the order referred to in paragraph 1. 2. in the case of non-payment of a penalty, it is subject to downloading in the provisions on enforcement proceedings in administration.

2 c. The time limit referred to in paragraph 1. 2, does not count toward time limits provided for by law to carry out certain activities, periods of interruption of the proceedings, and periods of delays caused by the fault of the parties or for reasons beyond the control of the authority.

3. in the case of investments to the public outside the area one of the municipality's decision to fix the location of investment to the public it seems Mayor, Mayor or city President in whose jurisdiction is located the largest part of the land on which is to be implemented this investment, in consultation with interested wójtami, mayors or mayors of cities.

Article. 52. [request to set location] 1. To determine the location of investment to the public takes place at the request of the investor.

2. the application for the determination of the location of investment to the public should include: 1) delimitation of the land covered by the proposal, presented on a copy of the map or, in the absence thereof, on the copy of the cadastral map, adopted to the State resource surveying and mapping, including terrain, which the request relates, and the area in which this investment will have an impact, on a scale of 1:500 or 1:1000, and in relation to the investment line also in the scale of 1:2000;

2) the characteristics of the investment, including: a) the term demand for water, energy and the method of discharge or waste-water treatment, as well as other needs in terms of technical infrastructure and, if necessary, also how to dispose of waste, (b)) the term planned way of land use and building characteristics and land use, including the purpose and size of the proposed buildings and land to be transformed, presented in the form of descriptive and graphical , c) identification of the specific technical characteristics and data with its impact on the environment;

3) in the case of the location of the landfill: a) the target elevation of landfills, b) annual and total amount of landfilled waste and types of landfilled waste, c) collection, purification and wastewater, d) the collection, treatment and use or disposal of landfill gas.

3. You cannot make the decision to establish the location of investment to the public from the applicant's commitment to meet the unforeseen separate provisions or conditions.

Article. 53. [notice of initiation] 1. To initiate the procedure on the decision to establish the location of investments to the public and the provisions and decisions to terminate proceedings the Parties shall be notified by means of a notice, and as is customary in the locality. Investor and the owners and users of land registry real estate, on which will be localized investments to the public, shall be notified in writing.

2. the decision to establish the location of investment to the public provision of art. 31 § 4 of the administrative code shall not apply.

2A. The President of the Office of electronic communication may occur on the rights of the parties on the establishment of a public purpose investment location with public communications within the meaning of the Act of 21 August 1997 on real estate economy. To the President of the Office of electronic communications shall apply the provisions of the code of administrative procedure concerning the public prosecutor.

3. the competent authority in the proceedings related to the adoption of a decision on the location of public purpose investment analyses: 1) the terms and conditions of the land and its buildings, under separate;

2) facts and legal area, which provides for implementation of the investment.

4. the decisions referred to in article 1. 51 paragraph 1. 1, seems to be in agreement with: 1) the competent Minister for health in relation to investment in localized health resorts, in accordance with special regulations;

2) regional Conservator of monuments – in relation to the areas and objects covered by the forms of protection referred to in article 1. 7 of the Act of 23 July 2003 on the protection of monuments and the care of monuments (OJ No 162, item 1568, as amended) and included in the municipal records.

3) Director of the competent maritime authority-in relation to the areas of the belt, chafing and marine ports and marinas;

4) the competent supervisory authority, with regard to the mining areas of mining;

5) [5] the competent authority of the Administration with regard to geological documented mineral deposits and groundwater;

5A) [6] the Mayor, as the competent authority for environmental protection, with regard to the areas at risk of landslides mas machinery;


6) bodies competent in matters of the protection of agricultural land and forestry and land reclamation of land used for agricultural and forestry purposes within the meaning of the real estate economy;

7) Director of the National Park, with regard to the areas within the boundaries of the Park and its coating;

8) Regional Director of environmental protection, in relation to other than those mentioned in paragraph 7, the restricted areas on the basis of the provisions for the protection of nature;

9) competent Manager of the road – in relation to the areas adjacent to the waist;

10) voivode, Marshal of and of in terms of governmental or local government, for implementation of investment to the public, referred to in article 1. 48-in relation to the land, for the purpose of local plans, which have lost their power under art. 67 of the Act, referred to in article 1. 88 para. 1;

10A) voivode, Marshal of and of in terms of governmental or local government, for implementation of investment to the public, referred to in article 1. 39 paragraph 1. 3 paragraph 3, in relation to the land, for the purpose of local plans, which have lost their power under art. 67 of the Act, referred to in article 1. 88 para. 1;

11 regional water management Board Director), in relation to: (a)) projects requiring authorization wodnoprawnego, for the issue of which the competent authority is the Marshal of the regional water management board or the Director, (b)) of the areas referred to in article 1. 88d paragraph 1. 2 of the Act of 18 July 2001 – water law (Journal of laws of 2012.145), in terms of construction and land use.

5. The arrangements referred to in paragraph 1. 4 shall be made pursuant to art. 106 of the administrative procedure code, except that the complaint only to the investor. In the case of not addressing the position of authority thereto setting out within 2 weeks from the date of service of the request for reconciliation-arrangement shall be deemed to have been effected.

5a. In case of refusal to agree on a decision to fix the location of investment to the public by the authorities referred to in paragraph 1. 4 paragraph 10, in view of the intention to implement the covered by in governmental or local government, for investments to the public, referred to in article 1. 39 paragraph 1. 3 paragraph 3 and art. 48, administrative proceedings on the determination of the location of public purpose investment freezes for no longer than 9 months from the date of submission of the application. If during the period of suspension of the administrative procedure, not the National Enquirer local plan or public purpose investment location has not been established, associated with these tasks, the decision seems even in the absence of this agreement.

5b. the Provision referred to in paragraph 1. 4, paragraph 8, shall not apply to the investment, for the assessment of the impacts of the project on the environment, in accordance with the law of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and on environmental impact assessment (Journal of laws No. 199, poz. 1227, as amended), during which the project has been agreed with the Regional Director of environmental protection.

5 c. opting out position within 21 days from the date of receipt of the draft decision referred to in article 1. 51 paragraph 1. 1, by the Regional Director of environmental protection is considered to agree on a decision.

6. An appeal against a decision to establish the location of the investment should include allegations relating to a decision, determine the nature and scope of the request which is the subject of the appeal and indicate the evidence to justify this request.

7. No decision on the location of the investments to the public, if from the date of service of the notice or 12 months have elapsed. Article. 158 § 2 of the administrative code shall apply mutatis mutandis.

8. do not evade the decision to determine the location to the public in the event of a resumption of proceedings on the basis of article. 145 section 1 of section 4 of the administrative procedure code, if it took 12 months from the date of delivery or the notice.

Article. 54. [content of the decision to establish the location of] the decision to establish the location of investment to the public determines: 1) type of investment;

2) the conditions and detailed rules for the management of the site and its buildings resulting from the provisions of separate, and in particular as regards: a) the conditions and requirements of protection and spatial order, b) protection of the environment and human health and of the cultural heritage and historical monuments and cultural goods, c) support in terms of technical infrastructure and communications, d) requirements for the protection of the interests of third parties, (e)) the protection of buildings in mining areas;

3) demarcation lines land investments, designated on a map on an appropriate scale, subject to article 22. 52 paragraph 1. 2, paragraph 1.

Article. 55. [binding decision] decision to fix the location of investment to the public involves the authority issuing the decision of building permit.

Article. 56. [prohibition of refusal to determine the location of the investment] cannot refuse to determine the location of investments to the public, if the investment objective is in accordance with the provisions of the separate. Provision of art. 1 paragraphs 1 and 2. 2 cannot be the sole grounds for refusal determine location of investment to the public.

Article. 57. [a record of decisions] 1. Marshal shall maintain a record of decisions on the location of investment to the public about the importance of national and regional.

2. the Mayor, the mayor or President of the city shall maintain a record of decisions on the location of investment to the public about the importance of district and municipal.

3. the Governor shall maintain a record of decisions on the location of public purpose investment sites.

4. Reeve, Mayor or city President passes was of a copy of the decision referred to in paragraph 1. 1 and 2, within 7 days from their date of issue.

Article. 58. [suspension of the procedure] 1. The administrative procedure on the determination of the location of the investments to the public may be suspended for a period not exceeding 12 months from the date of submission of the request for the fixing of the location of investment to the public. Mayor, Mayor or President of the city shall take proceedings and shall issue a decision on the determination of the location of investment to the public if: 1) within two months from the date of interruption of the proceedings the Municipal Council has not taken on accession for local plan or 2) during the period of suspension of proceedings is not the National Enquirer local plan or its amendments.

2. If the decision to fix the location of investment to the public calls the effects referred to in article 1. 36, the provisions of article 4. 36 and art. 37 shall apply mutatis mutandis.

Article. 59. [change land use] 1. Change of land use in the absence of a local plan, which consists of the construction of the work or perform other works, as well as changing the way of use of the work or part thereof, subject to article 22. 50 paragraph 1. 1 and art. 86, requires the establishment, by way of decision, conditions. Provision of art. 50 paragraph 1. 2 shall apply mutatis mutandis.

2. the provision of paragraph 1. 1 shall also apply to changes in land use, which does not require a building permit, with the exception of a temporary, one-time changes in land use, which lasted a year.

3. In the event of a change in land use, referred to in paragraph 1. 2, without getting the zoning decision, Mayor, Mayor or President of the city may, by decision, require the owner or user to wieczystemu real estate: 1) halt land use, setting a time limit within which the request for a decision to establish the conditions, or 2) going back to the previous way.

Article. 60. [a decision about building conditions] 1. The decision of the zoning it seems, subject to paragraph 2. 3, Mayor, Mayor or city President in consultation with the bodies referred to in article 1. 53 paragraph 1. 4, and the arrangements or decision required by separate.

1a. the zoning decision article 12 shall apply. 53 paragraph 1. 5b and 5 c.

2. (repealed).

3. the decisions of the zoning in areas closed, it seems the Governor.

4. the draft decision to determine the conditions of installation shall be entrusted to the person referred to in art. 5, or a person on the list of the Chamber of architects building qualified self-regulatory to design without limitations in the architectural or building to design and direct the works without limitation in architectural specialties.

Article. 61. [the conditions necessary for the decision] 1. The zoning decision is possible only in the case of the total the following conditions are met: 1) at least one neighbouring plot, available from the same public road, is built up in such a way as to determine the requirements for new construction in terms of the continuation of the functions, parameters, characteristics and indicators of shaping the building and land use, including dimensions and architectural form of buildings, building line and the intensity of use of the site;

2) area has access to the public road;

3) existing or proposed utilities, taking into account paragraph 3. 5, is sufficient for the intentions of the work;


4) land does not require consent for a change of land use and forestry for non-agricultural purposes and nieleśne or is consent obtained when drawing up local plans, which have lost their power under art. 67 of the Act, referred to in article 1. 88 para. 1;

5) decision is in accordance with the provisions of the separate.

2. The provisions of paragraphs 2 and 3. 1 paragraph 1 shall not apply to productive investments localized in areas intended for this purpose in local plans, which have lost their power under art. 67 paragraph 1. 1 of the Act, referred to in article 1. 88 para. 1.3. The provisions of paragraphs 2 and 3. 1 paragraphs 1 and 2 shall not apply to the railway lines, linear objects and devices of technical infrastructure.

4. The provisions of paragraphs 2 and 3. 1 paragraph 1 shall not apply to the built-in zagrodowej, where the surface of the farm associated with the buildings exceed the average area of a farm in the municipality.

5. the condition referred to in paragraph 1. 1, paragraph 3, shall be deemed to be satisfied if the performance of the military area will be guaranteed by the contract concluded between the competent organizational unit and an investor.

6. the competent Minister of construction, a local planning and zoning and housing shall determine, by regulation, the method of determining the requirements for new construction and site development in the absence of the local plan.

7. The regulation referred to in paragraph 1. 6, you must specify the requirements for the determination of: 1) building line;

2) surface area in relation to the plot or the site;

3) the width of the front façade;

4) the height of the upper edge of the front façade, its cornice or Attica;

5) geometry of the roof (the angle, the height of the ridge and the roof).

Article. 62. [Suspension of the proceedings on the determination of the conditions for building] 1. The administrative procedure on the determination of the conditions of the building can be hung for not more than 9 months from the date of submission of the request for the fixing of conditions. Mayor, Mayor or President of the city shall take proceedings and shall issue a decision on the establishment of conditions, if: 1) within two months from the date of interruption of the proceedings the Municipal Council has not taken on accession for local plan or 2) during the period of suspension of proceedings is not the National Enquirer local plan or its amendments.

2. If the request for the establishment of conditions of construction applies to the area in respect of which there is an obligation to draw up the plan, the administrative procedure on the determination of the conditions of installation shall be suspended until the adoption of the plan.

Article. 63. [Several applicants] 1. In respect of the same land development conditions decision you can spend more than one applicant, to deliver a copy of the decision to the other applicants, and the owner or user to wieczystemu real estate.

2. the decision of the zoning is not born of the rights to land, and without prejudice to the right of ownership and permissions of third parties. Information to this effect shall be included in the decision.

3. If the zoning decision produces effects referred to in article 1. 36, the provisions of article 4. 36 and art. 37 shall apply mutatis mutandis. The cost of meeting claims referred to in article 1. 36 paragraph 1. 1 and 3, shall be borne by the investor, after obtaining a final decision about the building permit.

4. applicants that do not have the right to land, shall not be entitled to claim for refund expenses incurred in connection with the received the zoning decision.

5. the authority, which issued the decision referred to in article 1. 59 paragraph 1. 1, shall, with the consent of the parties, for which the decision was adopted, to transfer the decision on behalf of another person, if it accepts all the conditions contained in this decision. The parties in the proceedings for the transfer decision are only entities between which you want made her move.

Article. 64. [provisions] 1. The provisions of article 4. 51 paragraph 1. 3, art. 52, art. 53 paragraph 1. 3-5a, art. 54, art. 55 and article. 56 shall apply mutatis mutandis to the decision on zoning.

2. in the case of the planned construction of a commercial object request to set conditions for installation should include a determination of the sales area.

Article. 65. [termination of the zoning decision] 1. The authority which issued a decision on zoning or the decision to determine the location to the public, States its expiry, if: 1) another claimant has obtained a building permit;

2) for this site the National Enquirer local plan, which the findings are different from those in the decision.

2. The provisions of paragraph 1. 1 paragraph 2 shall not apply if it has been released, the final decision on the building permit.

3. Revocation of the decision referred to in paragraph 1. 1, pursuant to art. 162 § 1 paragraph 1 of the code of administrative procedure.

Article. 66. [obligation to send copies of the decision] 1. The authorizing authority decisions in individual cases from the scope of the public administration, that apply to the management of the site, are required to send their copies to Reeve, Mayor or President of the city.

2. Bodies which within 7 days from the date of the decision referred to in paragraph 1. 1, do not send copies of these decisions are generally liable for damage this caused.

Article. 67. [Delegation] 1. Mayor, Mayor or President of the city shall maintain a record of decisions to set conditions.

2. the competent Minister of construction, a local planning and zoning and housing shall determine, by regulation, the pattern of the registers of the decision referred to in paragraph 1. 1, and in article 1. 57, having regard, in particular, the date of the decision and findings contained in it, as well as the designation of the immovable property concerned.

3. the competent Minister of construction, a local planning and zoning and housing shall determine, by regulation, applied in the decision to establish the location of investments to the public and in the decision of the zoning designations and nomenclature, in particular with regard to the requirements referred to in article 1. 54 and article. 61 paragraph 1. 1 point 1.



Chapter 6 changes to the existing Article. 68. (omitted).



Article. 69. (omitted).



Article. 70. (omitted).



Article. 71. (omitted).



Article. 72. (omitted).



Article. 73. (omitted).



Article. 74. (omitted).



Article. 75. (omitted).



Article. 76. (omitted).



Article. 77. (omitted).



Article. 78. (omitted).



Article. 79. (omitted).



Article. 80. (omitted).



Article. 81. (omitted).



Article. 82. (omitted).



Chapter 7 transitional and final provisions Article. 83. [Provisions explaining] Whenever in the separate regulations referred to "the concept of spatial policy management of the country", understood the concept of spatial development of the country.

Article. 84. [Provisions explaining] if the applicable law cite the provisions of the repealed provision, art. 88 para. 1 or refer in General to the provisions of this Act, apply in this regard the relevant provisions of this Act.

Article. 85. [transitional provisions] 1. For the initiated and not completed the final decision before the date of entry into force of this Act shall apply the provisions of the existing.

2. To local land-use plans and land-use plans, in respect of which it was decided the accession resolution for or plan changes and was notified of time lining of these plans to the public, but the investigation has not been completed before the date of entry into force of the Act, the provisions of the existing.

Article. 86. [to determine by way of decision the built-in conditions] Determine by way of decision the conditions of installation requires changing the way land, referred to in article 1. 59 paragraph 1. 1 if in this plan is adopted before 1 January 1995, the provision of art. 61 paragraph 1. 1 paragraph 1 shall not apply.

Article. 87. [transitional provisions] 1. Studies of conditions and directions of the zoning of municipalities and local plans enacted after 1 January 1995, remain in force.

2. land-use Plans of provinces enacted after 1 January 1999 will survive.

3. applicable at the date of entry into force of the Act, local land-use plans adopted before 1 January 1995, remain in force until the adoption of the new plans, but no later than 31 December 2003.

3A. If the adoption of the local plan was after 31 December 2003, in connection with the loss of power by the zoning adopted before 1 January 1995, the provision of art. 37 paragraph 2. 1, second sentence, of this Act, in relation to an increase in the value of the property, shall not apply, in so far as the value of the property specified taking into account the purpose of the site established in the local zoning plan adopted before 1 January 1995 is greater than the value of the property specified taking into account the actual way its use after a loss under this plan. In this case, the increase in the value of the property referred to in article 1. 36 paragraph 1. 4, is the difference between the value of the property specified taking into account the purpose of the land force after the adoption of the local plan and the the value specified taking into account the purpose of the site established in a local plan adopted before 1 January 1995.


4. The Kingdom of provinces that until the entry into force of the Act is not adopted zoning plans of the province and municipalities, which have not made a study, prepare and establish the appropriate land-use plans of study or, within one year from the date of entry into force of the Act, in accordance with its requirements.

Article. 88. [the provisions repealed] 1. Repealed the Act of 7 July 1994 on spatial (Journal of laws of 1999 No. 15, item 139, no. 41, item 412 and # 111, item 1279, with 2000 # 12, item 136, # 109, poz. 1157 and # 120, item 1268, 2001 # 5, item 42, no. 14, item 124, no. 100, item 1085 , No 115, item. 1229 and # 154, poz. 1804 and 2002 No. 25, item. 253, no. 113, item. 984 and # 130, poz. 1112), subject to paragraph 2. 2.2. With regard to land-use plans of municipalities, referred to in article 1. 87 para. 3, the provisions of article 4. 31A of the Act referred to in paragraph 1. 1 will survive to the time loss of power or the repeal of these plans.

Article. 89. [entry into force] this Act comes into force after 2 months from the date of the notice.

[1] with the amendment introduced by the article. 12 of the law of 11 May 2007 on the creation and operation of large commercial buildings (OJ No 127, poz. 880), which entered into force on 18 September 2007; lost power on July 11, 2008, on the basis of the judgment of the Constitutional Court of 8 July 2008. K Act 46/07 (OJ No 123, poz. 803).

[2] Article. 17 paragraph 6 (b). (a)), in the version set out by art. 5 paragraph 1 of the law of 11 July 2014 to change geological and mining law and certain other laws (OJ. 1133). The change came into force on January 1, 2015.

[3] on the basis of the judgment of the Constitutional Court of 18 December 2014 (Journal of laws of 2015, item 22) art. 36 paragraph 1. 1, in so far as it excludes the claims of owners or users of land registry, whose property has been earmarked for the purpose of the public in the local zoning laws of 31 December 1994, if such use has been maintained in the local zoning plan adopted under the Government of the current law, is incompatible with article 2. 64 paragraph 1. 2 in connection with article. 31 para. 3 of the Constitution of POLAND and with the principle of social justice expressed in the article. 2 the Constitution of POLAND. Article. 36 paragraph 1. 1 in ww. the field has lost the power of 7 January 2015.

[4] on the basis of the judgment of the Constitutional Court of 9 February 2010 (OJ # 24, item. 124) art. 37 paragraph 2. 1, in so far as the increase in the value of the property refers to the criterion of effective use in situations where the purpose of the property has been defined in the same way as the local zoning plan adopted before 1 January 1995, which lost power due to the period prescribed in article 3. 87 para. 3 of this Act, is incompatible with article 2. 2 and art. 32 of the Constitution.

[5] Article. 53 paragraph 1. 4 paragraph 5 in the version set by the article. 5 paragraph 2 (a). a) of the Act of 11 July 2014 to change geological and mining law and certain other laws (OJ. 1133). The change came into force on January 1, 2015.

[6] Article. 53 paragraph 1. 4 paragraph 5a added by art. 5 paragraph 2 (a). (b)) of the Act of 11 July 2014 to change geological and mining law and certain other laws (OJ. 1133). The change came into force on January 1, 2015.

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