REmarks #31 Reform of the Reform – Pre-Holiday Tidying Up, Legislator-Style

The 2023 spatial planning reform was supposed to bring long-awaited order: municipal master plans, digitization, and transparent rules that would finally organize the way we shape space. The ambition was admirable, but in practice, it quickly became clear that some of the new regulations slow down municipal operations more than they support them. The paradox is that, while we are talking about planning – not any kind of craft – only “in practice” did it become clear which provisions require immediate correction. And this is where the corrective bill comes in – a swift intervention before formalities completely paralyze both local governments and investors. The bill reached the President’s desk on November 7, 2025, and is still awaiting signature.

One of the key changes is the elimination of mandatory consultations on the draft master plan at the preliminary stage. This document is meant to be a framework, and involving it too early in complex procedures was like asking an architect for certificates and technical approvals before he has even drawn the first line. Replacing consultations with mere opinions is intended to ease the administrative burden and allow planners to focus on substantive work.

Further improvements concern the relationship between the master plan and local plans. Moving away from rigidly transferring building indicators – especially maximum building coverage – restores the flexibility so needed in Poland’s diverse landscapes. A master plan, true to its name, should be based on general assumptions. If its content began to replicate the level of detail found in local plans, it would be hard to justify the existence of a separate act of this kind.

A major relief for municipalities is also the temporary suspension of penalties for delays in issuing zoning decisions. Since the reform, the number of applications has skyrocketed – by over 100% in some municipalities – while the obligation to prepare master plans remained. It is no wonder that administrations began operating at the edge of capacity. Suspending penalties and clarifying the rules on the five-year validity of zoning decisions are meant to stabilize the situation. Notably, the five-year period will not apply to decisions issued in cases initiated before October 16, 2025. This protects investors from the consequences of queues beyond their control, which are a direct result of the legislator’s previous solutions. The prospect of “deadline-bound” zoning decisions prompted many investors to submit applications hastily, which in turn caused the aforementioned queues and delays.

All these corrections reflect a growing awareness that planning law – if it is to work – must be not only ambitious but also practical. The bill is thus an attempt to adapt regulations to reality, not the other way around.

And while it is unrealistic to expect the reform to make spatial planning completely immune to chaos, there is hope that the process will become somewhat more predictable.

Ultimately, the corrective bill is an effort to reconcile ambitious goals with what is actually feasible. Will these changes finally make spatial planning a more predictable process? That would be ideal. And if reality once again outpaces the law, one can only hope that, since legislators managed to notice the problem in time this time, they will in the future keep a hand on the pulse – not just on the stamp.