Poland’s planning reform: new limits on development conditions (WZ decisions)

The reform of the Polish spatial planning system was introduced by the Act of 7 July 2023 amending the Act on Spatial Planning and Development and other acts. Although a substantial part of its provisions entered into force on 24 September 2023, many of its most far-reaching consequences will only become apparent in practice in the coming months. Some elements of the reform have already been revised, and further amendments are currently under consideration in Parliament. This demonstrates the scale and complexity of the reform process.

One of the central pillars of the reform concerns decisions on development conditions (‘WZ decisions’). These decisions have long served as the legal basis for issuing building permits in areas not covered by a local zoning plan (Miejscowy Plan Zagospodarowania Przestrzennego or MPZP).

For years, the Polish real estate market has relied heavily on WZ (warunki zabudowy) decisions. This reliance was not the result of a deliberate legislative choice, but rather a structural necessity. Only 30–40% of Poland’s territory is covered by local zoning plans, with the deficit particularly pronounced outside major urban centres. In this context, WZ decisions became the default instrument for unlocking development potential. Although originally conceived as a supplementary mechanism, they evolved into a de facto substitute for comprehensive spatial planning. The current reform clearly signals an intention to reverse this state of affairs.

WZ decisions under the old regime
The existing framework has offered a number of practical advantages. First, obtaining a WZ decision did not require the applicant to demonstrate any legal title to the property. In practice, this meant that a decision could be obtained by virtually any entity, irrespective of its right to the land in question. Another characteristic of the system was the possibility of issuing multiple WZ decisions for the same property, including decisions relating to mutually exclusive development concepts.

Furthermore, WZ decisions were not subject to a fixed period of validity. As a rule, they expired if a building permit was issued for another applicant, or if a local zoning plan was adopted whose provisions were inconsistent with the WZ decision. Importantly, the latter did not affect cases in which a building permit had already been issued on the basis of a WZ decision.

As a consequence, WZ decisions became a widely used instrument for investors seeking to secure development potential prior to acquiring property, as well as for landowners aiming to enhance the marketability of their assets.

New regulatory framework – WZ decisions admissible only in certain areas and with an expiry date
Under the reformed system, a WZ decision may be issued only if a so-called general plan is in force. The decision must be consistent with such a plan.

General plans constitute a new planning instrument intended to replace the existing studies of conditions and directions of spatial development. Unlike those studies, general plans will have the status of acts of local law. As a rule, they are to cover the entire territory of a municipality (gmina) and divide it into planning zones. The legislation provides for 13 categories of such zones, including, for example, multifunctional zones with multi-family or single-family residential development or service zones. A ministerial regulation specifies the key parameters of those zones, including the functional profile and minimum share of biologically active area.

General plans may include optional elements, such as infill development areas (Obszary Uzupełnienia Zabudowy or OUZs). The key rationale for introducing OUZs in the new system was the need to prevent urban sprawl and to restrict new development to urbanised areas. Although the designation of OUZs is formally optional, it is in practice of fundamental importance. In the absence of an OUZ designation for a given area, it will not be possible to obtain a WZ decision for that area.

The designation of OUZs is governed by a detailed ministerial regulation. In simplified terms, the process begins with identifying a cluster of at least five qualifying buildings located within specified proximity thresholds (each building must be situated no more than 100 metres from at least one other building in the cluster). Such a cluster is then subject to an algorithm set out in the regulation to delineate the area of an OUZ. This area may subsequently be adjusted – either reduced or (subject to additional quantitative constraints) expanded – always taking into account local conditions and municipal spatial policy.

The requirement that new developments align with the parameters of existing buildings has been retained. However, the area under review has been reduced to a distance equal to three times the width of the relevant site’s frontage, but not less than 50 metres and not more than 200 metres.

A significant change concerns the validity period of WZ decisions. Under the new rules, such decisions will expire five years after becoming final. The existing grounds for expiry linked to specific events (such as the issuance of a building permit to another applicant) remain in force.

Draft amendments currently under parliamentary consideration would introduce an additional requirement: the applicant would need to demonstrate a right to use the property for construction purposes. The possibility of obtaining multiple decisions regarding the same property will remain, but it will apply only to entities holding a valid title to the property.

Transitional period and practical risks
Until general plans are adopted, municipalities may continue to issue WZ decisions under the current rules. However, this will only be possible until 30 June 2026 (or, if the pending amendment is enacted, until 31 August 2026). Except for proceedings initiated earlier, after the relevant date, all proceedings will be conducted exclusively under the new regime.

This creates a tangible regulatory risk. If a municipality fails to adopt a general plan within the prescribed timeframe, it may temporarily lose the ability to issue WZ decisions altogether. In practice, this could result in a de facto freeze on new development projects until the general plan enters into force. Such a freeze will also occur if the general plan does not designate OUZs.

WZ decisions issued under the old regime will remain valid. However, the reform introduces a five-year expiry period for such decisions as well. This expiry period will, however, not apply to WZ decisions issued in proceedings initiated before 16 October 2025 or to those which became final before 1 January 2026.

Structural shift with short-term risks and long-term promise
The reform marks a fundamental shift in the Polish planning system – from a model heavily reliant on WZ decisions to one centred on comprehensive, binding planning instruments at the municipal level. In the short term, the reform may lead to a slowdown in investment processes, particularly in municipalities that fail to adopt general plans in time. In the longer term, however, it may contribute to a more coherent and predictable spatial policy – provided that the new instruments function as intended.

At the same time, municipalities have been given a relatively short timeframe to adopt general plans. This may give rise to legitimate concerns regarding the quality, internal consistency and long-term viability of those plans.

This article is intended solely for general informational purposes and does not constitute legal advice. Given the necessary limitations on the length and scope of this article, certain aspects of the discussed regulations have been presented in a simplified manner. This article reflects the legal status as of 19 May 2026.