Planning
Is the national or local/state government able to mandate green initiatives via the planning/zoning regime (e.g., district heating systems on large developments)?

The use of environmentally friendly solutions for constructing new buildings or reconstructing existing ones is regulated by several legal acts in force in Poland. Moreover, an increasing number of formal and legal regulations are being drafted to provide for environmental considerations in all aspects of the implementation of the construction project.

The basis for this legislation is the principle of sustainable development, which constitutes one of the basic principles of land-use planning in Poland. The principles of sustainable development and environmental protection are the basis for drawing up and updating the following:

  • The concept of national spatial planning
  • The strategy for developing provinces
  • Spatial development planning for provinces
  • Studies of conditions and directions of spatial development of municipalities
  • Local spatial development plans

Under the Act on Spatial Planning and Development of 27 March 2003, spatial planning includes, in particular, requirements of environmental protection. However, a large part of the country is not covered by local spatial development plans.

The next act is the Construction Law. Under this law, a building structure should be designed and constructed in such a way that would ensure that the basic requirements are fulfilled with respect to appropriate conditions of hygiene, health and environmental protection, and appropriate building energy performance and energy-use rationalization.

Moreover, a number of investment projects are required to prepare an environmental impact assessment (EIA) and then obtain the environmental decision. The EIA is one of the main instruments to manage and legally protect the environment. The EIA must be analyzed by each investor that intends to implement an investment project on the territory of Poland to know whether an EIA is needed for its ongoing project. The main legal act that regulates the EIA in Polish law is the Act on Provision of Information about the Environment and its Protection, Public Participation in Environmental Protection and Environmental Impact Assessments of 3 October 2008.

Another example are the regulations related to energy saving and thermal insulation for buildings designed, newly built or rebuilt, or to a change in a building’s manner of use (Ordinance on technical conditions to be met by buildings and their location of 12 April 2002).