General plan of the municipality On 24 September 2023, an amendment to the Act of 27 March 2003 on spatial planning and development entered into force, based on which municipal general plans were introduced into the legal order in place of the municipal study, i.e. the study of conditions and […]

Disposal of real estate as a prerequisite for asserting a claim under Article 36(3) of the Act of 27 March 2003 on planning and spatial development for compensation for the reduction in the value of real estate Article 36(3) of the Act of 27 March 2003 on planning and spatial […]

Limitation and preclusion of claims for compensation for planning damage The legislator has provided for three claims for compensation for planning damage, namely a claim for compensation for the actual damage suffered, a claim for the redemption of the property or part of it and a claim for compensation for […]

Transferability of claims for compensation for planning damage The legislator provides for three claims for compensation of the damage caused by the enactment or amendment of the local plan, i.e. a claim for compensation for the actual damage suffered, a claim for redemption of the property or part of it […]

Planning charge (annuity) The effect of adopting a local spatial development plan may be an increase in the value of the real property. This effect may occur when the local spatial development plan introduces conditions and rules of use of the real property which are favourable to the owner. The […]

Swap agreement as a means of redressing planning damage The legislator has provided in Article 36 of the Act of 27 March 2003 on planning and spatial development for three types of claims to compensate for planning damage. In addition to the claims, Article 36(2) of the above Act also […]

Investigation of claims for compensation for planning damage There is a two-stage process for pursuing planning damage claims. At the first stage, the claim must be made to the entity responsible for the damage. Most often this entity is the municipality, exceptionally it may be the entity in charge of […]

Claims for compensation for planning damage What claims can be pursued in the event of planning damage? In the event of planning damage, the claims described in Article 36 of the Planning and Development Act of 27 March 2003 can be pursued. Pursuant to Article 36 par. 1 of the […]

Planning damage What is a planning damage? The planning damage is connected with the municipality’s activity in the field of planning and spatial development and, more specifically, with the enactment or amendment of local spatial development plans. These plans have the status of normative acts and directly shape the content […]

Local development plan What is a local development plan? Municipalities are under an obligation to carry out spatial policy. The performance of this obligation consists in the development of various planning documents that directly or indirectly affect the content of the ownership right and the use of real property. The […]