Poland Cancels Fines for Delayed Building Permits, Sparking Expert Concern

Poland's spatial planning law is undergoing a significant shift, with a new amendment set to eliminate fines for municipalities that delay issuing building permits. This change, effective July 1, 2026, will halt all ongoing penalty proceedings for decisions made after September 24, 2023. The amendment, added during parliamentary committee work, aims to relieve municipalities of financial burdens and procedural complexities.

However, legal experts express concern over the implications for property owners. Dr. Agnieszka Grabowska-Toś, a partner at Kania Stachura Toś Law Firm, views the provision as detrimental to landowners. "This provision is another example of how far-reaching and negative consequences the spatial planning reform will have for landowners," she stated. The amendment effectively removes the possibility for property owners to claim compensation for delays, even when grounds for penalties existed.

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This provision is another example of how far-reaching and negative consequences the spatial planning reform will have for landowners.

Grabowska-Toś further highlighted the lack of effective recourse for property owners seeking timely decisions. "Municipalities have nothing to fear – deadlines are not running, and sanctions are not being imposed," she explained. Even appeals to regional administrative review boards are often ineffective due to the sheer volume of cases, including appeals against rejections and complaints about delays.

The influx of applications for building permits stems from a 2023 amendment to the spatial planning law, which mandates municipalities to adopt general plans. The designation of land in these plans can potentially hinder development according to landowners' needs, creating a complex and challenging environment for property owners navigating the new regulations.

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Municipalities have nothing to fear – deadlines are not running, and sanctions are not being imposed.