The published draft of the plan remains subject to consents and opinions of numerous administrative bodies. Please review the draft general zoning plan. If necessary, actions concerning your properties covered by the general zoning plan draft can already be commenced. At a later stage, it will still be possible to submit comments and to take further legal steps.
The City of Warsaw Office has published a draft general zoning plan – available to view here >
- The general zoning plan is a new planning instrument regulated in the amended act on Zoning and Development ("Act");
- The general zoning plan will divide the City of Warsaw into separate zones with specific purposes, e.g., multifunctional zones with multi-family residential buildings, service or transport zones;
- The general zoning plan will define binding development parameters such as permissible intensity or development height and the proportion of biologically active areas;
- New local zoning plans and amendments to existing plans will have to be consistent with the general zoning plan;
- Decisions on land development conditions will only be issued within the areas specified in the general zoning plan and in accordance with its provisions; and
- The current study for the Capital City of Warsaw will expire upon the adoption of the general zoning plan.
At the current stage, the published draft of the general zoning plan is subject to official consultations and opinions. If necessary, certain actions can already be taken. At a later stage, it will be possible to submit comments and to undertake further legal steps.
Why should a property owner take steps now to secure favourable conditions in the general zoning plan?
- The general zoning plan will set out the rules for the development of every property in Warsaw.
- Pursuant to the Act, a general plan may deprive the owner of the right to develop the property or significantly reduce its value without compensation.
- If you fail to inform the City of Warsaw authorities about the intended use of your property, or take actions related to your objections to the draft general zoning plan - it will not be taken into account when enacting the general zoning plan.
- It is not currently known whether the general zoning plan will be subsequently amended.
As part of the comments process, a property owner may request permission for activities on their property, such as e.g., residential development, services, large-scale retail, photovoltaics or other zones as provided by the Act. It is also possible to propose other parameters such as, e.g., a maximum height and intensity of a development. Comments should consider the legal conditions set out in the Act and its implementing regulations, particularly permissible basic and additional profiles. It is advisable to justify the request by way of legal argumentation. The City of Warsaw will have a relatively short period to review submitted comments, after which the plan will be adopted by the City Council of Warsaw. Finally, it is worth noting that the general zoning plan may be challenged. There has already been a case where the general zoning plan was invalidated.
We have successfully represented clients in the process of adopting as well as invalidations of the local zoning plans and would be delighted to assist you in this process when it comes to the City of Warsaw. Contact us for more information.
