RESEARCH PAPER
The problem of the lack of connection of the procedure for issuing decisions on development conditions with the regulation on the technical conditions that buildings and their location should meet
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1
Wydział Zagospodarowania Przestrzennego, Urząd Gminy Tarnowo Podgórne, Polska
2
Wydział Architektury, Instytut Architektury i Ochrony Dziedzictwa, Politechnika Poznańska, Polska
These authors had equal contribution to this work
Submission date: 2025-02-16
Final revision date: 2025-04-03
Acceptance date: 2025-12-15
Publication date: 2025-12-15
Corresponding author
Michał Fengler
Wydział Zagospodarowania Przestrzennego, Urząd Gminy Tarnowo Podgórne, Poznańska 115, 62-080, Tarnowo Podgórne, Polska
Architektura, Urbanistyka, Architektura Wnętrz 2025;(22)
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ABSTRACT
The purpose of this paper is to examine the validity of adding to the separate provisions taken into account when issuing decisions on development conditions (DWZ) the provisions of the regulation of the Minister of Infrastructure on the technical conditions that buildings and their location should meet. The example of issuing a decisions on development conditions illustrates the problem of unfeasible decisions on development conditions due to the lack of connection between the issuing procedure of decisions on development conditions and the regulation on the technical conditions that buildings and their location should meet. After analyzing the case presented, it can be concluded that attaching technical conditions... to the set of separate regulations contained in Article 61 (1) item. 5 of the Law on Spatial Planning and Development, would avoid the issuance of unenforceable decisions on development conditions. Thus, the problem defined in the article could be eliminated, and with it its consequences, which are described in the article. In addition, the proposed solution to the issue would make it possible to eliminate the issuance of unenforceable decisions on development conditions, and would help to make investors aware, already at the first investment stage, of the impossibility of implementing the planned investment.