A few conclusions from Polish experience of transition in land management rules

A few conclusions A few conclusions from Polish experience of transition from Polish experience of transition

in land management rulesin land management rules

Marek Bryx Ph.D.Marek Bryx Ph.D.Professor of the Warsaw School of Professor of the Warsaw School of EconomicsEconomicsDirector of the UN-Habitat Warsaw OfficeDirector of the UN-Habitat Warsaw OfficeNov 2001- Feb 2004 undersecretary of Nov 2001- Feb 2004 undersecretary of State responsible for spatial planning, State responsible for spatial planning, housing, etchousing, etc

Geneva 29 Jan 2008, Prof. Marek Bryx

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Land management in transition processLand management in transition process

The transformation process in Poland The transformation process in Poland started officially on 1 January 1990, started officially on 1 January 1990, when first rights prepared by the when first rights prepared by the new, first non-socialist, government new, first non-socialist, government and Parliamentand Parliament came into life. came into life.


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The base of land management todayThe base of land management today

Constitution - the highest Parliamentary actConstitution - the highest Parliamentary act Parliamentary act on runningParliamentary act on running properties economyproperties economy Parliamentary act on environmental protectionParliamentary act on environmental protection Parliamentary act on deeds Parliamentary act on deeds Parliamentary act on spatial planning - the Parliamentary act on spatial planning - the

most important most important one one because it concernbecause it concernss procedures of development of built-up and procedures of development of built-up and urbanized areasurbanized areas

And a few other acts touching the problem And a few other acts touching the problem (on (on agricultureagriculture, , forestsforests, , banking system or heritagebanking system or heritage))


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The constitution act guarantees The constitution act guarantees

private ownership of propertiesprivate ownership of properties dispossess of private people from dispossess of private people from

their property is possible their property is possible only only if the if the property is needed for public utilityproperty is needed for public utility investment . investment .

In that case owners should be paid by In that case owners should be paid by the public investor at real market the public investor at real market value of their propertiesvalue of their properties


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Parliamentary act on runningParliamentary act on running properties economy concernsproperties economy concerns

Rules of management of the state or Rules of management of the state or commune propertiescommune properties

Methods of joining small private Methods of joining small private agricultural lands into one piece (or agricultural lands into one piece (or into a few). into a few).

Real Real estate estate market market licenses licenses a property manager a property manager a value estimator a value estimator a real estate agenta real estate agent


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The parliamentary act The parliamentary act on environmental protection on environmental protection

as an element of land managementas an element of land management

Generally protects agricultural lands, Generally protects agricultural lands, forests, waters against: forests, waters against:

different kind of pollution different kind of pollution wasting its destinationwasting its destination

And the document shows an And the document shows an investment influence on environment investment influence on environment is always required is always required


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The parliamentary act on deeds The parliamentary act on deeds as an element of land managementas an element of land management

Electronic deeds have been introduced Electronic deeds have been introduced into the Polish deed system and all old into the Polish deed system and all old deeds started to migrate from deeds started to migrate from traditional (paper) to electronic version traditional (paper) to electronic version since 2004 since 2004

The real estate/investment market is The real estate/investment market is more friendly now not only to every more friendly now not only to every investor butinvestor but also also toto every person every person interested in it. interested in it.


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Spatial planning parliamentary act Spatial planning parliamentary act as a base of land managementas a base of land management

The spatial planning system was The spatial planning system was changed by the Parliament in 1994 changed by the Parliament in 1994 and the new law came into force on 1 and the new law came into force on 1 January 1995.January 1995.

It was a big step towards democracy It was a big step towards democracy in this fieldin this field

The amendment to this act was The amendment to this act was enacted in 2003 but the principles of enacted in 2003 but the principles of spatial planning are still the same. spatial planning are still the same.


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The principles of spatial planning The principles of spatial planning system in Poland introduced in 1995system in Poland introduced in 1995

the local authority (commune) has the local authority (commune) has been begun to make responsible for all been begun to make responsible for all decisions in planning and for procedure decisions in planning and for procedure of planning in the commune area of planning in the commune area

the participation of local society in the the participation of local society in the planning procedure has been planning procedure has been guaranteed guaranteed

the hierarchic planning system from the hierarchic planning system from socialist times has been abolished socialist times has been abolished


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The first principleThe first principle

In the procedure of preparing a plan every In the procedure of preparing a plan every commune has been obliged to prepare two commune has been obliged to prepare two documents:documents: The spatial study of the commune that covers all the The spatial study of the commune that covers all the

territories of commune. It decides on the assignment of territories of commune. It decides on the assignment of different zones in the commune but in a general way.different zones in the commune but in a general way.

The spatial plan for only those zones of the commune The spatial plan for only those zones of the commune which were assigned for investment in the spatial study. which were assigned for investment in the spatial study. The plan has to present more details and is a base for The plan has to present more details and is a base for every investment in commune area. every investment in commune area.

Both documents have to be approved by the Both documents have to be approved by the commune council representing the local society, commune council representing the local society, but only the commune spatial plan has a status but only the commune spatial plan has a status of local law.of local law.


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TThe participation of local societyhe participation of local society in the in the planning procedure introduced in 1995planning procedure introduced in 1995

the citizens’ opinions are collected the citizens’ opinions are collected The remarks and suggestions are put into The remarks and suggestions are put into

the plan or unacceptable by the commune the plan or unacceptable by the commune councilcouncil

If somebody felt aggrieved by the plan it If somebody felt aggrieved by the plan it could appeal to the Court. It stopped could appeal to the Court. It stopped implementation of the spatial plan. implementation of the spatial plan. Waiting for a judge verdict takes a lot of Waiting for a judge verdict takes a lot of timetime


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The hierarchic planning system The hierarchic planning system was abolished by the act from 1994was abolished by the act from 1994

There are no decisions on the central There are no decisions on the central government level that are passed to government level that are passed to local level to be implementedlocal level to be implemented

The central plan is being built by The central plan is being built by cooperation and agreements on the cooperation and agreements on the level of a province level of a province

TThe he 16 16 plans of provinces should be plans of provinces should be built as a sum-up of approved local built as a sum-up of approved local plansplans


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The fourth important rule The fourth important rule in the law enacted in 1994in the law enacted in 1994

Local authorities were given 2 years for Local authorities were given 2 years for preparing their planspreparing their plans

The deadline was prolonged for the next 2 The deadline was prolonged for the next 2 years, and likewise prolong until the end years, and likewise prolong until the end of 2003 of 2003

It’s appeared that local authorities, It’s appeared that local authorities, elected every 3 years, are not interested elected every 3 years, are not interested too much in creating spatial plans for too much in creating spatial plans for their commune if it is possible according to their commune if it is possible according to the law.the law.


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Main changes introduced Main changes introduced to the spatial planning law to the spatial planning law

by the amendment enacted in 2003by the amendment enacted in 2003

1.1. Participation system – everybody feels Participation system – everybody feels aggrieved by the plan it can appeal about it aggrieved by the plan it can appeal about it to the Court, to the Court, BUTBUT it does not stop the it does not stop the procedure procedure

2.2. Time for preparing spatial plans is not Time for preparing spatial plans is not prolonged prolonged

3.3. Private properties reserved in the socialist Private properties reserved in the socialist times for public utility investment are times for public utility investment are restore to their owners or commune should restore to their owners or commune should pay them equivalent on market valuepay them equivalent on market value


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Dilemmas Dilemmas (1) (1)

Spatial planning concerns our Spatial planning concerns our common welfare - there are not only common welfare - there are not only ideals in the procedure but also ideals in the procedure but also conflicts of interests. conflicts of interests.

To create the appropriate balance To create the appropriate balance between rights and duties of each of between rights and duties of each of the sides involved in the planning the sides involved in the planning procedure is the task of the central procedure is the task of the central government and Parliamentgovernment and Parliament


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Dilemmas Dilemmas ( (22))

There are still voices require some There are still voices require some changes in the law, even a closure changes in the law, even a closure allows to punish local authorities if allows to punish local authorities if they have not enacted spatial plans. they have not enacted spatial plans.

If somebody treats such an idea If somebody treats such an idea seriously it means that the sense of seriously it means that the sense of local democracy is questioned. local democracy is questioned.


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Participation of local societies in preparing Participation of local societies in preparing spatial plans is still too small. spatial plans is still too small.

Maybe is there a mistake in the procedureMaybe is there a mistake in the procedure??

People are asked their opinions when the People are asked their opinions when the first version of the plan is ready. Maybe first version of the plan is ready. Maybe some research should have been some research should have been prepared earlier to check their opinion prepared earlier to check their opinion before the procedure startedbefore the procedure started … …


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1.1. There are no instruments in the There are no instruments in the Spatial Planning Law that can urge Spatial Planning Law that can urge the local commune to plan and the local commune to plan and invest in a few unpopular but invest in a few unpopular but important undertakings, as for important undertakings, as for example – garbage dump. example – garbage dump.

2.2. Probably, some economic Probably, some economic encouragements should be added encouragements should be added to the spatial planning law….to the spatial planning law….


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Final conclusionFinal conclusion (1) (1)

Creating a new law, new instruments Creating a new law, new instruments for authorities requires extensive for authorities requires extensive knowledge of:knowledge of: all tasks of the new law all tasks of the new law all divergent interests all divergent interests

and balancing the aboveand balancing the above


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Final conclusionFinal conclusion (2) (2) Poland in the European UnionPoland in the European Union

As a member of EU Poland will As a member of EU Poland will create its land management according create its land management according

to EU directives to EU directives implement all the resolution from implement all the resolution from

Leipzig CharterLeipzig Charter. . But there is still a place to improve a law But there is still a place to improve a law

concerning city revitalization.concerning city revitalization. All those matters are inside the work plan All those matters are inside the work plan

of the Minister of Infrastructure and His of the Minister of Infrastructure and His Deputy responsible for spatial planning, Deputy responsible for spatial planning, city development, etc.city development, etc.


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Thank youThank you

for your attentionfor your attention

Documents

A few conclusions from Polish experience of transition in land management rules