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POLAND: Public access to spatial information

November 19, 2020

On October 31, 2020, the regulations which are the basis for creating and updating spatial information sets, including spatial data created for spatial development acts (especially local spatial development plans) entered into force. Issues related to the creation, maintenance and making available of spatial information sets are covered by provisions of the Act on the Infrastructure for Spatial Information dated March 4, 2010. This act implemented the Directive 2007/2/EC of the European Parliament and of the Council of March 14, 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) into the Polish legal system.

This infrastructure includes, such information as spatial data sets, including spatial development, understood as land use, in its current or future functional aspects, or the socio-economic use of the land, including residential, industrial, commercial, agricultural, forestry, leisure, resulting from planning documents. Thus, spatial data presenting planning arrangements (the presentation of such data is to be displayed in annexes to graphic planning documents) will constitute an important element of the modernised spatial information infrastructure.

Creating and arranging already existing spatial data sets with information concerning the coverage of spatial planning acts applicable throughout the country will be of significant practical importance, contributing not only to the improvement of investment preparation processes, but above all to the improvement of safety and predictability of undertaken actions. For example, universal access to public spatial data sets will enable investors to obtain quick information about current spatial planning acts applicable for a given area, and thus define the path of the investment process – based on the local spatial development plan (MPZP) in force or by way of a zoning decision.

Including a picture of the document in the form of a raster with a defined georeference will additionally enable efficient obtaining of reliable information on the designation of a given investment area and its surroundings, which in connection with the reference to the content of this document – for example, the local spatial development plan (via Internet connection) – will facilitate the work of people involved in the preparation of investment projects.

The implementation of the aforementioned provisions will lead to the popularisation of convenient, public and free access to information on the intended use of the property, and thus constitutes an important step towards facilitating the preparation of investments and increasing the certainty and predictability of the conditions for their execution.

dr hab. Konrad Marciniuk

Partner, Radca prawny | Partner, Counselor at Law

T: +48 22 447 43 00

E: marciniuk@millercanfield.com

Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield, and is based on the facts and guidance available at the time of its release which may be subject to change. The purpose of the publication is to draw attention to the legal events indicated in it and should not be the sole basis for any decision regarding a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other legal development to the particular facts can be verified.