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Why do not local plans fulfill their role? - Jacek Kosiński

Spatial planning in Poland is one of the biggest problems of the real estate market. It turns out that EVEN WHEN a plan is enacted, it is very often simply of poor quality. This, in turn, instead of solving the problems only makes them worse.

The list of problems is unfortunately very long and includes, for example, inconsistencies between the textual and graphic parts of the plan, failure to respect the rights of investors who have already received building permits, or misuse of legal terminology – which in turn often leads to inconsistencies between plans and higher regulations.

A serious challenge for all investors are ambiguities in the plans and the possibility of their various – often contradictory – interpretations. In such a situation the investor is not sure whether his intention will be approved.

IN THE ABSENCE OF A BASIS FOR OFFICIAL INTERPRETATION OF THE PLANS BY THE MUNICIPAL AUTHORITIES, THEIR INACCURATE DRAFTING INCREASES THE LEGAL UNCERTAINTY AMONG THOSE INTENDING TO CARRY OUT CONSTRUCTION PROJECTS.