Recent years have seen significant changes in planning and zoning legislation, alongside the introduction of new legal instruments designed to facilitate construction investments. As 2025 progresses, the long-anticipated planning reform is drawing near, which will restrict the use of certain legal mechanisms currently available. In the meantime, investors should take stock of the opportunities that remain.
In this article, we explore:
Changing Regulations and Their Impact on Investment Opportunities
Until the end of 2025, investors still have access to the so-called lex developer, a mechanism that offers considerable flexibility in the planning and execution of development projects. However, this regime will cease to apply as of 1 January 2026, potentially making it more challenging to bring forward new projects—particularly due to the shortened timeframes for decision-making.
The legislature intends for Integrated Investment Plans to replace the lex developer. Once the general plans enter into force—or, as currently scheduled, once the municipal zoning studies expire on 31 December 2025—the ability to obtain zoning decisions will be significantly curtailed.
Integrated Investment Plans – A New Era in Spatial Planning?
Integrated Investment Plans represent a relatively new planning instrument intended to give local authorities greater oversight of development, while ensuring consistency with broader spatial policy objectives. Unlike lex developer, Integrated Investment Plans represent are not restricted to residential schemes—they may encompass a broad range of developments, including renewable energy installations or logistics centres.
The Integrated Investment Plans represent process involves the conclusion of an urban planning agreement between the investor and the municipality. This agreement sets out detailed implementation terms, considering infrastructure, environmental impact, and transport connections. However, the proposed investment must align with the municipality’s general plan—or, in its absence, with the existing zoning study.
An Integrated Investment Plan also allows for the inclusion of ancillary developments that support the main project. While it is not mandatory to define these at the application stage, failure to coordinate with the municipality early on can complicate cost projections. One significant advantage of Integrated Investment Plans is that, once adopted, they effectively override any existing local zoning plans (mpzp) within the relevant area and remain in force indefinitely.
Nonetheless, obtaining an Integrated Investment Plan tends to involve greater expense and a longer timeline, primarily due to the need for specialist expertise and the procedural complexity. That said, the government is currently considering reforms to streamline the process and enhance its flexibility. These proposals include empowering municipal councils to adopt resolutions outlining urban planning guidelines and investor participation rules.
Zoning Decisions (WZ) – Still a Viable Route?
Zoning decisions (WZs) remain the most straightforward and cost-effective option for areas not covered by a local zoning plan. Currently, valid WZ decisions may be used indefinitely. However, from 1 January 2026, any newly issued WZ decisions will be valid for only five years.
There are ongoing discussions around extending the transitional period—namely, by postponing the expiration of the municipal zoning studies to 30 June 2026. If adopted, this could preserve the window during which investors may still obtain indefinite WZs, provided no new local or general plans are enacted in the meantime.
Importantly, the most recent draft legislation suggests that even if a WZ decision is issued by the end of 2025 but only becomes final in 2026, it would still be treated as subject to a five-year limitation.
It’s worth noting that some municipalities—Wrocław being one example—have begun adopting resolutions to prepare local plans across all previously unregulated areas. Such steps allow the municipality to suspend proceedings for issuing new WZs, which may be seen as incompatible with its strategic planning objectives. While these measures may improve spatial planning, they could simultaneously limit opportunities for investors relying on zoning decisions.
Conclusion
At present, the most straightforward and cost-effective option for investors remains applying for a decision on development conditions in areas not covered by a local zoning plan. The popularity of Integrated Investment Plans is expected to rise after 31 December 2025 or in tandem with the adoption of general plans, at which point the current flexibility afforded by the lex developer regime will give way to more restrictive regulatory frameworks.
Ultimately, the choice of legal pathway should be tailored to the specifics of the intended investment, as well as the investor’s time and financial constraints. It is crucial to thoroughly assess both the spatial characteristics of the intended site and the municipality’s planning intentions regarding its future use. This ensures that any decision taken is sound not only from an economic standpoint but also from a long-term strategic perspective.
Author: Jagoda Korzeniowska, Attorney-at-Law
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