General Plan of the City of Krakow: how to check your plot of land and prepare comments for the project

Status as of: November 3, 2026.

 

In short

In most municipalities in Małopolska, the general plans have not yet been adopted. On October 29, 2026, the City of Kraków made available in the Public Information Bulletin a working version of the Draft General Plan of the City of Kraków (hereinafter: „POMK”), according to the status of work as of July 31, 2026. This publication is purely informational: it does not initiate public consultations and does not set a deadline for submitting comments. This deadline – at least 28 days – will not begin until the Mayor of the City of Kraków announces the consultations. For landowners and investors, this is the best time to check now what planning zone and what development parameters the project envisages for their properties and prepare arguments before the short statutory deadline begins.

 

What is the general plan and why is it important for your plot of land?

The general plan of a municipality is a new mandatory planning document introduced by the reform of the Act of 27 March 2003 on Planning and Spatial Development (u.p.z.p.). Unlike the previous study on the conditions and directions of spatial development, the general plan is an act of local law. This means that it legally binds not only the municipal authorities, but also directly affects the situation of citizens. Its determinations form the basis for drawing up new local spatial development plans and for issuing decisions on the conditions of development.

The general plan divides the area of the municipality into planning zones (including residential, service, green and recreational, and communication zones) and sets out the basic parameters for development for them, in particular the maximum height and area of development and the minimum share of biologically active area. It also designates so-called “surplus development zones,” that is, areas where, after the reform, it will be possible to obtain a decision on the development conditions.

The study of the factors and directions of spatial development of the City of Krakow ceased to be valid on August 31, 2026. The current local spatial development plans remain in effect, however, for areas that are not covered by them, until the general plan comes into effect, there is basically no basis for issuing new decisions on building conditions. The content of the general plan will therefore in many cases dictate for years whether and what can be built on a given plot.

 

Can comments on the Draft General Plan of Krakow be submitted now?

No. The city explicitly stated that the publication of the draft’s working version does not mean the start of public consultations and that at the current stage no formal gathering of comments is being conducted in accordance with Article 8i, paragraph 1, item 1 of the Public Procurement Act. The documents now being sent to the office are not subject to the statutory obligation to consider them as comments on the draft plan. Information on the start of consultations, methods of participation in them, and deadlines for submitting comments are to be published at a later stage of the procedure.

It should be assumed that work is currently underway to give the project a shape in which it will ultimately be submitted for review and approval. The version subject to consultation may therefore differ from the working version of July 31, 2026 – therefore the preliminary analysis of the plot will have to be verified against the formally available project.

 

What will be the next stages of the adoption of the General Plan of the City of Krakow?
    1. Opinions and agreements. The project must obtain the required legal opinions and approvals, including those from environmental protection authorities, heritage conservationists, and road maintenance companies.

    2. Public consultations and formal comments. The Mayor of the City of Krakow will announce the start of consultations. The collection of comments takes at least 28 days. The comments submitted are presented along with the position on them in a report from the consultation, which is sent to the City Council of the City of Krakow.

    3. Introducing changes and renegotiating. After consultations, the project may be modified; changes may require obtaining further opinions and agreements.

    4. Adopted by the City Council of Krakow. The City Council passes a resolution regarding the general plan.

    5. Announcement and entry into force. The resolution, as an act of local law, is subject to publication in the Official Gazette of the Małopolska Voivodeship. As a rule, it enters into force after 14 days from the date of publication, unless the resolution specifies a different deadline.

    6. Supervisory control of the Małopolska Voivodeship. The voivode examines the legality of the resolution and, within 30 days of its delivery, may declare it invalid in whole or in part due to a significant violation of the law.

Regardless of the supervisory mode, the owner or another entity whose legal interest or right has been violated by the provisions of the plan (e.g., the unjustified deprivation of the potential investment land), may appeal the decision to the voivodeship administrative court under Article 101(1) of the Act on Municipal Self-Government.

 

Why is it worth preparing before starting the consultation?

The key formal legal actions will only begin once the public consultation is announced, but by then there will be little time left. It will be necessary to determine the purpose of the plot in the project, compare it with the current status and investment plans, collect documents, and prepare and submit the report with a justification. A well-prepared report is also an important step in building the argument in case of a later complaint to the administrative court.

Attention to the draft general plan, like a complaint to the WSA, can be justified in a better or worse way. Its effectiveness can be determined by whether the legal, planning and factual arguments are specific and refer to statutory requirements and are supported by documents – so as to increase the chance of convincing the municipal planners, councilors and, if necessary, the administrative court.

 

What should I check in the working version of the project for my plot?

The importance of the general plan for your plot of land requires that you first determine:

    • in which planning zone the plot of land is located and what uses are permitted in this zone;
    • what building parameters were adopted for the zone: maximum height, maximum share of built-up area, maximum intensity of building and minimum share of biologically active area;
    • whether the plot of land is within the area for the development of the built-up area – this determines the possibility of obtaining a decision on the conditions of development if the land is not covered by a local plan;
    • whether the plot of land is covered by the applicable local spatial development plan and how the provisions of the general plan may affect its future changes;
    • are the project’s findings consistent with the documents available: the decision on building conditions, the building permit, the submitted applications, or the planned investment?.

The draft version can be viewed on an interactive map in the Municipal Spatial Information System, or downloaded as a GML file from the Public Information Bulletin of the City of Krakow (bip.krakow.pl/planogolny).

 

How can a lawyer help?

Professional consultation and support are useful at every stage of the general plan preparation procedure. In practice, the following are important:

  • analysis of the findings of the project of the general plan for a specific plot of land and assessment of their impact on the planned construction investment, the sale or purchase of real estate;
  • preparation and submission of comments on the draft general plan during the public consultation, with full legal and planning justification;
  • monitoring the planning procedure and informing about the start of consultations and the running of deadlines;
  • evaluation of the basic documents and preparation of a complaint to the Provincial Administrative Court regarding the resolution regarding the general plan, as well as representation before the Administrative Court of Appeal and the Supreme Administrative Court;
  • advisory services in related matters: decisions on building conditions, local spatial development plans, building permits, claims for compensation in connection with the adoption of local spatial development plans.

We are continuously monitoring the progress of planning work in Krakow, as well as in other municipalities of Małopolska, where the clients’ properties are located.

 

 

author:

Michał Wojtyczek

attorney-at-law

 

 

This entry contains general information on the legal issue discussed. It does not constitute legal advice or a solution to a specific case or legal problem. Due to the unique nature of each factual situation and the variability of the legal status, we recommend that you seek the assistance of a law firm for legal advice.

Share with others:

LATEST

Tags

FOLLOW US