National Contact Point for Renewable Energy Sources

In cases where the investment area is not covered by a Local Spatial Development Plan (MPZP), the planning basis for the implementation of a construction project may be a decision on the location of a public purpose investment.

This decision concerns investments classified as public purpose investments, which include activities of local (municipal) and supra-local (county, voivodeship, and national) significance, as well as national (including international and supra-regional) and metropolitan (covering the metropolitan area) significance, regardless of the status of the entity undertaking these activities or the source of their financing.

Therefore, if a renewable energy installation qualifies as a public purpose investment—for example, by supplying heat to nearby houses or apartments—it may be located based on a decision on the location of a public purpose investment. However, each planned investment case should be considered individually, taking into account the specific nature of the project.

If it turns out that the renewable energy installation does not qualify as a public purpose investment, then—after meeting the relevant conditions—it should be possible to construct the investment based on a zoning decision.

It is worth noting that the Act of 7 July 2023 amending the Act on Spatial Planning and Development and certain other acts introduced a requirement for the decision on the location of a public purpose investment to be consistent with the municipality’s general plan.

The main purpose of the decision on the location of a public purpose investment is to establish the conditions related to the development and land use through a renewable energy installation, classified as public purpose investments, 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 the location of a public purpose investment is usually obtained after the investor receives the environmental decision and before submitting the application for connection conditions to the grid.

• A base map or, if unavailable, a cadastral map from the national geodetic and cartographic resource, covering the area to which the application pertains along with the area affected by the investment, at a scale of 1:500 or 1:1000, and for linear investments also at a scale of 1:2000, in the following form:
  Electronic – in the applicable national spatial reference system
  Paper
• Definition of the boundaries of the area covered by the application
• Investment description including:
  1. Specification of water and energy demand, and the method of sewage disposal or treatment, as well as other technical infrastructure needs, and if necessary, the method of waste disposal
  2. Planned land use and characteristics of the development and land use, including the purpose and dimensions of the proposed construction facilities and the area subject to transformation, presented in descriptive and graphic form
  3. Specification of the characteristic technical parameters of the investment and data describing its environmental impact
• Confirmation of payment of the stamp duty for the application
• Proof of payment of the stamp duty
• Power of attorney, if the application is submitted by a proxy

The initiation of proceedings for issuing the decision on the location of a public purpose investment, as well as rulings and the final decision, is notified to the parties by public announcement and in a manner customarily accepted in the locality. The investor and the owners and perpetual users of the properties where the public purpose investments will be located are notified in writing.

The competent authority in the proceedings related to issuing the decision on the location of a public purpose investment analyzes:

• Conditions and principles of land development and construction resulting from separate regulations
• The factual and legal status of the land where the investment is planned

The decision is issued after consultation with other authorities, including the competent geological administration authority, i.e., the regional director of mining offices. Additionally, before issuing the decision, the competent authority requests opinions from other entities.

After completing the indicated actions, the authority issues the decision.

The decision should be issued within 65 days (Article 51(2) of the Spatial Planning Act). If the competent authority fails to issue the decision within 65 days from the date of application submission, the higher-level authority imposes a financial penalty of 500 PLN for each day of delay, by way of an administrative ruling, which is subject to appeal.

• For investments of municipal, county, voivodeship, and national significance – the mayor, town mayor, or city president, in consultation with the voivodeship marshal
• For public purpose investments on closed areas – the voivode

The decision on the location of a public purpose investment is valid indefinitely.

The stamp duty for issuing the decision on the location of a public purpose investment is 598 PLN (unless the application is submitted by the property owner, public benefit organization, budgetary unit, or local government unit—in which case the application is exempt from the fee) and is payable upon submission of the application.

The stamp duty for issuing a certificate is 17 PLN and is payable upon submission of the application.

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

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 announcement, to the competent Local Government Appeals 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 announcement, to the Minister of Development and Technology.

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

The application may be submitted electronically to the competent public administration authority via the ePUAP platform.