On 24 September 2023, a comprehensive amendment to the Act on Spatial Planning and Development came into force, fundamentally restructuring the Polish spatial planning system. One of the most important tools introduced is the integrated investment plan (ZPI) – a specific form of local spatial development plan which, from mid-2026, will completely replace location decisions issued under the Act of 5 July 2018 on facilitating the preparation and implementation of housing and ancillary investments, the so-called ‘special housing act’. The new instrument combines the features of a local plan, an individual investment agreement and a civil law contract between the developer and the municipality. The ZPI is a response to the need for a more flexible yet structured approach to spatial planning in cases where a development goes beyond the existing provisions of local plans.
An application for a ZPI may be submitted electronically via ePUAP, which is part of the broader trend towards the digitisation of planning procedures.
Unlike the Special Housing Act, the ZPI must be consistent with the municipality’s spatial policy as set out in the spatial study or master plan. This means that it is no longer possible, as was the case under the Special Housing Act, to carry out a development that conflicts with the development guidelines defined by the municipality. At the same time, the ZPI is not limited solely to housing developments: it may cover service, industrial, infrastructure, recreational or renewable energy projects. The legislator has deliberately diversified the scope of this tool so that it can respond to a wide range of needs of investors and local authorities.
The process of drawing up a ZPI begins at the investor’s request, to which the investor also attaches a draft of the plan itself. This approach distinguishes the ZPI from traditional local plans, which are drawn up solely on the initiative of the municipality. Upon receiving the application, the municipal council does not immediately adopt the plan – its consent merely concerns the commencement of the procedure and paves the way for negotiations between the investor and the municipality’s executive body. It is at this stage that the final content of the plan takes shape, subject subsequently to agreement, review and public consultation. The draft attached to the application is therefore a starting point, which will be subject to changes based on residents’ comments, the positions of the authorities and the outcomes of negotiations.
An extremely important element of the procedure is the urban planning agreement, which was not provided for in either previous local plans or the procedure under the Special Act on Housing. The draft urban planning agreement should take into account the arrangements worked out during negotiations between the parties. The drafting of the urban planning agreement is the responsibility of the locally competent commune head, mayor or city mayor. The urban planning agreement is concluded in the form of a notarial deed and constitutes a key mechanism for balancing the interests of the municipality and the developer. This agreement contains the developer’s commitments to carry out specific complementary investments, such as the construction of technical or transport infrastructure, educational facilities, landscaped green spaces, recreational infrastructure or social services. It is also possible to include a commitment to transfer part of the residential units from the housing development to the municipality or to contribute to the costs of drawing up the ZPI. This mechanism is part of a global urban planning trend in which the development of private projects is linked to improving the quality of public space.
Unlike traditional local plans, the ZPI procedure does not include a stage for collecting applications. Public consultation, however, forms part of public participation, during which residents can submit their comments on the draft plan and the urban planning agreement. Although the procedure is more flexible than traditional planning, it remains transparent, and the involvement of the local community is ensured at the consultation stage.
The ZPI takes on particular significance in the context of investments related to renewable energy sources. The Act provides for the possibility of applying a simplified procedure for such projects, which allows for shorter deadlines for agreements and consultations, and in some cases even omits the need to obtain the municipal council’s consent to commence the procedure. The aim is to accelerate the development of renewable energy sources by reducing planning barriers, particularly where there are no up-to-date local plans.
The regulations do not specify a strict deadline by which the ZPI must be adopted, which in practice means that the duration of the procedure depends on the complexity of the investment and the size of the area. The procedure may take from a few months to even several years, particularly where it covers a large area or requires extensive consultation. The ZPI is adopted by the municipal council, and its entry into force results in the automatic expiry of existing local plans covering that area.
The adoption of the ZPI is not subject to a standard administrative appeal. The only avenue for review is to issue a notice to remedy the breach of law, followed by lodging a complaint with the administrative court. It is also worth noting that the repeal, amendment or annulment of the ZPI within five years of the plan’s entry into force allows the parties to the urban planning agreement to withdraw from it within six months of such a decision.
It is worth adding here that, in light of initial experiences with the operation of the new planning instruments, the legislator has decided to clarify them. The draft act amending the Act on Spatial Planning and Development and certain other acts (number UD316) has been published in the Council of Ministers’ List of Legislative and Programmatic Work. The draft , together with the explanatory memorandum and the regulatory impact assessment, has been made available in the Public Information Bulletin of the Government Legislation Centre.
The aim of the proposed regulation is to introduce minor but significant adjustments to the first stage of the reform, which will come into force in 2023, so as to protect the new tools – including the general plan and the ZPI – from excessive formalism, whilst maintaining the coherence of the spatial planning system and safeguarding the public interest.
With regard to the ZPI, draft UD316 provides in particular for:
The ZPI thus appears to be a new-generation tool, combining the flexibility of investment negotiations with the need to maintain consistency with the municipality’s spatial policy. At the same time, ongoing legislative work shows that the legislator recognises the need to make it more ‘practical’ and adapt it to local government practice. The coming years will show whether the ZPI will become a stable and predictable mechanism for cooperation between municipalities and investors, or yet another area of intense interpretative disputes at the intersection of law and urban planning.
Author: Patrycja Urbanik
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