Decyzja o warunkach zabudowy dla całej działki ewidencyjnej czy jej części?
Decision on development conditions for the entire plot or part?

Summary/Abstract: The decision on development conditions only determines that on the plot marked in the application for development conditions it will be possible to implement the project with the parameters presented by the investor. This decision does not specify the precise location of the future investment on the plot. Consequently, it is reasonable to ask whether such a decision may be issued for a part of the plot on which the development is to be built. This issuebecomes relevant especially when part of the investor’s plot has a purpose that excludes the possibility of development (e.g., agricultural or forestry), whilethe rest is of a construction nature. This issue has become the cause of discrepancies in judicial and administrative jurisprudence. The aim of the article is to present these discrepancies and at the same time to indicate your own position in this regard. The analysis of judicial and administrative judgments in the scope covered by this article allowed us to assume that two views havebeen formed in this regard, while the position presented as expensive (establishing development conditions for the entire record plot) is found in a greater number of judgments. In the author’s opinion, this line of jurisprudence should be complied with, not due to the number of decisions, but due to the negativelegal consequences of establishing development conditions for a part of the plot. It should also be noted that when approving the determination of development conditions for the entire plot, the courts rightly pay attention to special conditions that cause a deviation from this principle, i.e., situations where a part of the plot is covered by the local plan, or a decision is issued in the form of the so-called special acts.

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