Tuesday, 17 March 2026
A draft amendment to Poland’s Act on Access to Environmental Information and Environmental Impact Assessments (UD224) proposes a range of changes to the process for obtaining environmental decisions (DŚU), aiming to streamline administrative procedures while introducing new requirements for investors.
The proposal includes simplifying the transfer of environmental decisions between investors. Instead of requiring a separate assignment procedure, a change of investor would be made through an amendment to the existing administrative decision. In addition, a new owner or perpetual usufructuary of a property would automatically assume the rights and obligations linked to the environmental decision.
“This is a further simplification of the investment process following the 2020 amendments to the Building Act, which facilitated the transfer of building permits. The direction is consistent, as the legislator is adapting procedures to the realities of the investment market and giving investors the assurance that, when acquiring a property, they can also take over a package of important administrative decisions in a simplified manner,” said Kamil Król, Associate at Wolf Theiss.
The draft also clarifies who qualifies as a party to environmental proceedings. In addition to the investor, this would include owners and users of properties located within a defined impact area, such as within 100 metres of the project site.
“The clarification of the concept of a party should be viewed positively. A transparent definition of the group of entities entitled to participate in the proceedings will limit the practice of sabotaging investments by entities that have no genuine legal interest. An open practical question, however, is whether the change will actually enable authorities to exclude such entities more quickly,” Król added.
Another proposed change involves shifting responsibility for issuing environmental decisions from municipalities to district-level authorities. The rationale is that many municipalities handle relatively few such cases and may lack specialised expertise.
“An environmental decision is a key document preceding, among other things, planning permission or a building permit, and is often the most difficult to obtain from the investor’s perspective. It would therefore be reasonable to delegate these competences to district authorities, which already manage key data such as the land and buildings register,” Król said.
The amendment also introduces a revised fee structure. Instead of a flat fee of PLN 205, fees would be scaled depending on the complexity of the project, potentially reaching up to PLN 30,000.
“This represents a significant increase in costs that investors will need to include in their project budgets. It will also require clear criteria to determine the appropriate fee level for different types of investment,” Król noted.
Further changes relate to environmental impact assessments (EIA). For projects with a potential significant environmental impact, an investor’s request to conduct an EIA would become binding on the authority, regardless of location. The draft also introduces a requirement to assess light emissions during both the construction and operational phases of a project.
“From an environmental protection perspective, this solution deserves approval. The issue of light pollution and its impact is increasingly discussed, yet it is not currently regulated in detail. The proposal is also consistent with EU legislation, where light is recognised as a form of emission that should be assessed,” said Paulina Buczek, lawyer at Wolf Theiss.
The draft further addresses project alternatives, allowing a reduced number of options to be presented in EIA documentation if the selected option is demonstrably the most environmentally favourable.
In addition, a formal mechanism is proposed to regularise projects carried out without the required environmental decision. Investors would be able to apply for such a decision within 60 days of becoming aware of the obligation.
“In practice, determining when this 60-day period begins may prove problematic and could lead to disputes, particularly where the investor identifies the issue independently rather than through an official notification,” Buczek said.
Overall, the proposed amendments combine measures intended to simplify procedures and improve administrative efficiency with new financial and compliance obligations for investors. The draft has undergone public consultation, but further revisions remain possible before final adoption.
Source: Wolf Theiss
