On the last day of the old year, an amendment to the Spatial Planning Act came into effect. This amendment ensures that building permits can still be issued and location verifications carried out, even in municipalities without harmonised spatial plans.
Shortly before the end of the year, an amendment to the Spatial Planning Act (“ZUreP-3B“) was passed through an expedited legislative procedure. To avoid potential difficult-to-repair consequences, it came into effect on December 31, 2024. The urgency stemmed from the fact that, under the previously applicable provisions of the Spatial Planning Act (“ZUreP-3“), certain key deadlines regarding spatial plans were set to expire at the end of 2024.
Under the previous provisions of ZUreP-3, the spatial components of the 1986-2000 municipal long-term plan and the spatial components of the 1986-1990 municipal medium-term social plan were set to expire on January 1, 2025. This would have rendered the issuance of building permits impossible in municipalities that had not yet adopted a municipal spatial plan (“OPN“). This would have resulted in substantial economic and social harm, negatively affecting the development of these municipalities, as no construction (whether new buildings, extensions, reconstructions) would have been allowed, irrespective of the type of structure (schools, roads, etc.). To address this, the ZUreP-3 extended the validity of the above-mentioned spatial planning components until October 30, 2026 (or until the entry into force of the OPN in accordance with the ZUreP-3).
Additionally, the validity of the spatial planning conditions adopted on the basis of ZUN was also extended until the entry into force of the OPN in accordance with ZUreP-3, but no later than October 30, 2026. Even before the ZUreP-3B amendment, these conditions could no longer be amended or supplemented until their expiration.
The deadline for municipalities to align their spatial plans with ZUreP-3 as regards the definition of settlement areas, areas for long-term development of settlements, and the implementation of the first technical update has also been extended to October 30, 2026. A municipality that fails to align its OPN in this respect will no longer be permitted to conduct location verifications after October 30, 2026.
Furthermore, the ZUreP-3B outlines specific measures that must be taken by mayors of municipalities that have not adopted an OPN by December 31, 2024. Namely, the following measures and the deadlines by which mayors are required to take them:
- By January 31, 2025, they are required to adopt and publish a decision amending or modifying the decision regarding the preparation of the OPN, setting new deadlines for its preparation and the individual stages of the procedure. Alternatively, they must adopt and publish a decision regarding the preparation of the OPN if such a decision has not yet been adopted.
- By March 31, 2025, they are required to submit a draft OPN to the Ministry for publication on the Ministry’s website.
- By October 30, 2025, they are required to make public the updated draft OPN, the environmental report, and the date of the public consultation.
- By April 30, 2026, they are required to propose a draft OPN to the municipal council for adoption.
With a clear action timetable, the legislator aims to motivate municipalities to adopt their OPNs by December 31, 2026, fostering improved and more transparent spatial planning. In many municipalities, outdated spatial planning acts and spatial planning conditions are still in use, and they fall short of today’s standards and spatial restrictions.
In setting the above deadlines, the legislator also took into account the regular local elections for municipal councils and mayors in November 2026 to ensure that the current mayors and municipal councils adopt the OPNs during their current mandate.
The amendment also provides for the formation of a coordination group to ensure municipalities adopt their OPNs on time and effectively. This group will oversee and encourage the OPN preparation process and coordinate the collection of feedback from national spatial planning authorities and their timely coordination. The Coordination Group will be established on foot of a decision by the Minister for Natural Resources and Spatial Planning, and will include representatives from the national spatial planning authorities.
The amendment and the renewed effort to regulate and harmonise municipal spatial planning acts are undoubtedly steps in the right direction. Unfortunately, it is important to note that this is not the first attempt of this kind, as the deadline for adopting the OPN has been set and extended multiple times in the past.
