The Spatial Planning and Development Act, as amended on 7 July 2023, introduced the general plan as a new local legal act to replace the study of conditions and directions for spatial development of the municipality. Its main feature is the binding character. This means that the findings of the general plan are the basis for the creation of local spatial development plans (MPZP) and the issuance of decisions on development conditions.

How important is this document in the development procedure of a typical renewable energy power plant? First and foremost, such a major change obviously creates risks on a national scale. The amendment itself, that is, the extension of the deadline for drawing up general plans (from 31 December 2025 to 30 June 2026), shows that there is no question of a smooth transition to the new planning system. There are 2,479 municipalities in Poland and it is difficult for all of them to cope with the establishment of general plans. In October 2025, well before the deadline of 30 June 2026, officials at the level of the Ministry of Infrastructure suggested another extension of this deadline. The deadline lapses at the end of August 2026, yet, so far, only 20% of the communes adopted relevant resolutions. Without general plans, the ability to locate any new buildings or installations will be significantly limited.

In the master plan, the municipality will be divided into disjointed (not overlapping) planning zones. The Act defines 13 types of such zones and the municipality will not be able to define other planning zones than those defined in the Act. At the same time, one or more zones of the same type may be designated in the general plan. Zones of the same type may differ in terms of their functional profile and urban planning indicators.

The characteristics of these 13 types of zones are specified at a lower level of normative acts, that is, in the relevant ministerial ordinance. Currently, the ordinance of the Minister of Development and Technology of 8 December 2023 on, among other things, the draft general plan of the municipality, specifies, for example, that wind and hydroelectric power plants may be located in open zones and in agricultural production zones. In addition to the aforementioned two zones, biogas plants may also be located in a multi-functional zone with farm buildings. Solar thermal power plants can be located at large-scale trade zones, service zones, open space zones, and agricultural production zones. All types of power plants are elements of the additional profile of the respective zone, and therefore they are permissible rather than mandatory. It is worth noting that agricultural production zones are areas without the possibility of locating residential buildings in both farm and residential development. Therefore, location of range of power plant types may be their ancillary use.

The zoning is the foundation for formulating the master plan arrangements. However, the conclusion from the current regulations, especially at ministerial level, is that there are quite a lot of restrictions on locating renewable energy. It is worth noting, for example, that allotment gardens have the greatest planning permissibility, as they can be located in any of the 13 types of zones, even in cemetery and communication zones.

It should be borne in mind that the general plan covers the entire municipality, whereas an amendment to the general plan may cover part of the municipality’s area. In the near future, the amendment to the general plan will probably be the document opening the procedures leading to the construction of RES installations. Of course, one should still bear in mind that there are exceptions for small-scale installations or for RES installations on buildings (regardless of their power), which have always been allowed as long as they are not explicitly prohibited in the MPZP.