National Contact Point for Renewable Energy Sources

During the transitional period following the entry into force of the spatial planning reform (applicable until 30 June 2026 or until the municipality adopts a general plan), the decision on land development conditions remains the most commonly used document for locating photovoltaic power plants. In areas not covered by a Local Spatial Development Plan (MPZP), the decision on land development conditions serves as the basis for locating the project, and obtaining it enables the investor to apply for a building permit.

The main purpose of the decision on land development conditions is to determine the conditions related to the development and land use through a photovoltaic power plant, enabling the integration of the investment with the spatial order of the surrounding area.

Considering the typical course of the investment and construction process, the decision on land development conditions is usually obtained after the investor receives the environmental decision (unless it is not required), and before submitting the application for grid connection conditions. It is only required if the investment area is not covered by a Local Spatial Development Plan (MPZP).

Obtaining a decision on land development conditions for a photovoltaic power plant on land classified as agricultural classes I–III is possible only after receiving consent for the change of land use to non-agricultural purposes, issued by the minister responsible for rural development (provided that the boundary line of the investment area does not include land of classes I–III).

• Identification of the applicant and their address
• Content of the request, i.e. issuance of a decision on land development conditions for a specific project

• A base map or, if unavailable, a cadastral map from the national geodetic and cartographic resource, covering the area concerned and the area affected by the investment, in scale 1:500 or 1:1000, in electronic form (in the national spatial reference system) or paper form
• Definition of the boundaries of the area covered by the application
• Investment description, including:
  a) Specification of water and energy demand, method of sewage disposal or treatment, and other technical infrastructure needs, and if necessary, waste disposal method
  b) Planned land use and development characteristics, including the purpose and dimensions of the proposed buildings and the area to be transformed, presented descriptively and graphically
  c) Key technical parameters of the investment and data describing its environmental impact
• Copy of the environmental decision
• Proof of payment of the stamp duty
• Power of attorney, if the application is submitted by a proxy

Anyone may submit an application, regardless of their legal title to the property.

It is important to note that more than one decision may be issued for the same area, provided they are issued to different applicants.

After submitting the application, the authority analyzes the factual and legal status of the land intended for the investment and consults with cooperating authorities regarding land use and development conditions arising from separate regulations.

To issue the decision, the following conditions must be met:

• Existing or planned infrastructure is sufficient for the construction project
• The land does not require consent for conversion from agricultural or forest use to non-agricultural/non-forest use, or such consent was granted during the preparation of a Local Spatial Development Plan that has lost its validity under Article 67 of the Spatial Planning Act, as referenced in Article 88(1)
• The decision complies with separate regulations
• The construction project is not located in an area:
  a) Where a ban has been established by a decision on the location of a strategic investment in the transmission network, as per Article 5(1) and Article 22(2)(1) of the Transmission Network Act
  b) Within the controlled zone on both sides of a gas pipeline
  c) Within the safety zone on both sides of a pipeline

It should be noted that for RES installations, the legislator has waived the requirement of the so-called "good neighborhood principle", which previously required demonstrating that the investment would continue the existing development pattern. The requirement to have access to a public road has also been waived.

The decision on land development conditions must be obtained before applying for a building permit.

Up to 90 days from the date of application submission.

In practice, this period may be longer, as it does not include the time needed to obtain opinions, agreements, or periods of suspension of the proceedings.

Issuance of the decision may also be delayed due to reasons attributable to the applicant or other factors beyond the authority’s control, such as the need to supplement documentation.

The competent authority is the municipal authority – the mayor, town mayor, or city president.
An exception applies to closed areas, where the decision is issued by the relevant voivode.

During the transitional period (after the amendment to the Spatial Planning Act enters into force – i.e. until the end of 2025 or until the municipality adopts a general plan), the decision on land development conditions is valid indefinitely.

The stamp duty for issuing the decision is PLN 598 (unless the application is submitted by the property owner, a public benefit organization, a budgetary unit, or a local government unit – in which case the application is exempt from the fee).

The stamp duty for a power of attorney is PLN 17.

An appeal against a decision issued by the mayor, town mayor, or city president must be submitted within 14 days from the date of delivery of the decision, including via public notice, to the competent Local Government Appeal Board.

An appeal against a decision issued by the voivode must be submitted within 14 days from the date of delivery of the decision, including via public notice, to the Minister of Development and Technology.

Subsequently, a complaint may be filed with the Voivodeship Administrative Court and the Supreme Administrative Court.

The application for a decision on land development conditions may be submitted electronically via the ePUAP platform.

• Limitation of the validity period of decisions on land development conditions to five years – applicable to decisions issued from 1 January 2026 onwards (decisions issued earlier remain valid indefinitely);
• Requirement for decisions on land development conditions to comply with the municipality’s general plan (previously, the prevailing opinion was that such decisions did not need to comply with the Study of Conditions and Directions of Spatial Development, and that this requirement applied only to Local Spatial Development Plans).