Land-rolling after spatial planning reform

The improvement of spatial planning, which came into force on 24 September 2023, has introduced crucial changes in government Act on the protection of agricultural and forestry land. The most crucial and most controversial of these changes is the removal of a provision allowing agricultural land to be depopulated as agricultural land of Class I.III, located outside the city limits on simplified rules.

Derolling agricultural land before 24 September 2023.

In accordance with Article 7a(2) Act on the protection of agricultural and forestry land, as applicable until 24 September 2023., the usage of non-agricultural and non-forestous agricultural land constituting agricultural land of classes I-III did not require the approval of the Minister liable for agrarian improvement if the land fulfilled the following cumulative conditions:

• at least half of the surface area of each compact part of the ground was contained in a compact area,
• are located not more than 50 m from the border of the nearest construction site and not more than 50 m from the public road,
• their area did not exceed 0,5 ha, whether they were 1 full or respective separate parts.

Reform of spatial planning and cumbersome transitional provisions

After 24 September 2023, it does not require the approval of the Minister liable for agrarian improvement to be utilized for non-agricultural and non-forestry agricultural land, which is the agricultural area of classes I-III located in the area of construction completion.

When examining the transitional provisions of spatial planning reform, it can be concluded that there is no legal basis for the improvement of a general plan and the designation of an area for the completion of construction on specified land by decision of the construction conditions for non-agricultural use. No transitional provisions for changes in Act on the protection of agricultural and forestry land, which may consequence in divergent interpretations among the administrative authorities which will most frequently end with a negative decision for the investor due to the deficiency of a legal basis for a request decision.

New rules for building conditions decisions

In accordance with the current Article 61(1) Spatial Planning and Planning Act, a decision on the building conditions is only possible if the following conditions are met:

• at least 1 neighbouring parcel, accessible from the same public road, shall be built in specified a way as to find the requirements for the fresh building in relation to the continuation of the parameters, characteristics and indicators of the building and the improvement of the site, including the dimensions and architectural form of the construction works, the construction line and the strength of the usage of the site,
• the site is located in a construction area, has access to the public road, does not require authorisation to change the usage of agricultural and forestry land for non-agricultural and non-forestry purposes, or is subject to approval erstwhile drawing up local plans which have expired,
• the existing or planned site armament is adequate for the construction purpose,
• the decision is in accordance with separate provisions,
• the construction will not be within the control region designated on both sides of the pipeline and the safety region designated on both sides of the pipeline.

Subsequent amendments as of 1 January 2026.

As of 1 January 2026, another change comes into force, resulting from the improvement of spatial planning, which can aid accelerate the acquisition of future roll-off consents, i.e. principle of silent consent erstwhile agreeing to roll-off and deforestation in the local plan. Where it is essential for the competent authority to agree to change the usage of agricultural and forestry land for non-agricultural purposes and the non-forestous deadline for granting it will be 60 days from the date of receipt of the application. Failure to give consent or to refuse consent within the time limit will be considered consent.

Another crucial change under the derolling procedure is the exclusion of the anticipation of simplified procedures for the local spatial planning plan.

Simplified procedure – not for agricultural land

Amendment Spatial Planning and Planning Act introduced the anticipation of utilizing the alleged simplified procedures for drawing up and adopting a local plan or amending it. This mode can be used, inter alia, in the case of tiny changes to the local plan's findings, which do not increase the environmental impact or nuisance or constraints on neighbouring areas (the intent of the local plan is to identify the site of renewable energy sources or changes resulting from hydrogeological conditions, the colour of objects or the course of restrictive lines).

The simplified procedure will not apply to:

• the location of establishments with an increased or advanced hazard of serious industrial failure,
• the usage of agricultural and forestry land for non-agricultural and non-forestry purposes,
• areas requiring real property consolidation and division,
• areas of peculiar hazard of flooding,
• areas at hazard of ru and mass land and areas where these movements occur,
• investments located in national parks and their tusks, nature reserves and their tusks,
• objects and areas recognised as monuments to history,
• The land is ground.

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Legal basis:

Daniel Głogowski

Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he sought to address controversial themes and present first viewpoints that allowed for a deeper knowing of the issues discussed. Over the years, he gained a reputation as a reliable journalist. Contact: kontakt@legaartis.pl