The Act signed by the President of the Republic of Poland[9] extends the period of validity of studies of conditions and directions of spatial development until 31 August 2026. Municipalities have therefore been given additional time to complete their planning procedures. However, the extension of the deadline does not eliminate the consequences of failing to adopt a general plan. Those consequences may have a material impact on the ability to obtain a decision on development conditions.

What is a general plan?

The amendment to the Act on Spatial Planning and Development introduced a new type of spatial planning instrument: the general plan. This new mandatory planning instrument replaces the study of conditions and directions of spatial development. The general plan is intended to cover the entire territory of a municipality and is designed to strengthen the municipality’s planning powers in shaping local spatial policy.[8]

Importantly, the general plan constitutes an act of local law. Its status as an act of local law means that its legality may be challenged both through supervisory proceedings and before the administrative courts. As legal commentators explain:

“As an act of local law, a resolution adopting a general plan is subject to supervision by the voivode as regards its legality pursuant to Article 28(1) of the Spatial Planning and Development Act. The voivode may declare the general plan invalid, in whole or in part, where a breach of law is identified in the course of its preparation or where its provisions are contrary to statutes, including the Spatial Planning and Development Act, or to other statutory provisions concerning, inter alia, environmental protection or the protection of monuments. In addition, a general plan may be challenged before an administrative court both by the voivode and by another entity pursuant to Article 101 of the Municipal Self-Government Act.”[7]

A general plan must specify planning zones[5] and municipal urban planning standards.[6] The planning zones define the functional and spatial profiles of the areas concerned.

Optionally, a general plan may also designate development infill areas and city-centre development areas.

It should be emphasised that the general plan does not replace the local spatial development plan. As regards planning zones, municipal urban planning standards and city-centre development areas, the general plan must be taken into account when preparing a local spatial development plan and also constitutes the legal basis for decisions on development and land-use conditions.

What will be the consequences if a municipality fails to adopt a general plan by 31 August 2026?

Pursuant to Article 59(3) of the Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts:[4]

“A decision on development conditions may be issued in respect of an application submitted on or after 1 September 2026 provided that the municipal general plan has entered into force in the municipality concerned, and where the application concerns land situated in more than one municipality – provided that municipal general plans have entered into force in all such municipalities.”

In practice, failure to adopt a general plan will prevent a decision on development conditions from being issued. The decisive factor is the date on which the application is submitted rather than the date on which the decision is issued, as applications submitted up to and including 31 August 2026 will continue to be considered under the existing rules.

It is also worth noting that even where a general plan has been adopted, in order for a decision on development conditions to be obtained, the plan should designate the relevant land as a development infill area. Pursuant to Article 61(1)(1a) of the Act of 27 March 2003 on Spatial Planning and Development[1] (the “Spatial Planning and Development Act”), a decision on development conditions may be issued only where the land is situated within a development infill area.

At the same time, pursuant to Article 13a(4)(2) of the Spatial Planning and Development Act, the designation of a development infill area is optional. Consequently, where no such area is designated in the general plan, it will not be possible to obtain a decision on development conditions for new developments.[2] As noted in the legal literature, in such cases:

“new development will only be possible on the basis of local spatial development plans”.[3]

How can we help?

The procedure for preparing and adopting a general plan may be affected by procedural irregularities, while the provisions contained in the plan may infringe the legal interests of the owner of a property located within the area covered by the plan.

The team at Jabłoński Koźmiński & Partners provides comprehensive legal support, including in particular: analysis of draft and adopted general plans, preparation of comments as part of public consultation procedures, assessment of the legality of resolutions, and preparation and conduct of proceedings concerning the determination of development conditions.

[1] Journal of Laws of 2026, item 538, as amended.

[2] Z. Niewiadomski, K. Jaroszyński, K. Kucharski, A. Szmytt, Ł. Złakowski, in: Z. Niewiadomski (ed.), Planowanie i zagospodarowanie przestrzenne. Komentarz, 14th ed., 2026, Article 61.

[3] Ibid.

[4] Journal of Laws, item 1688, as amended.

[5] Article 13c of the Spatial Planning and Development Act.

[6] Article 13e of the Spatial Planning and Development Act.

[7] Z. Niewiadomski, K. Jaroszyński, K. Kucharski, A. Szmytt, Ł. Złakowski, in: Z. Niewiadomski (ed.), Planowanie i zagospodarowanie przestrzenne. Komentarz, 14th ed., 2026, Article 13a, para. 4.

[8] T. Filipowicz, in: A. Plucińska-Filipowicz, M. Wierzbowski (eds.), Planowanie i zagospodarowanie przestrzenne. Komentarz, 4th ed., Warsaw 2024, Article 13a.

[9] Act of 30 April 2026 amending the Act on Spatial Planning and Development and certain other acts, Journal of Laws, item 781.