The infill development area: when a zoning decision can still be obtained

From 1 September 2026, new zoning decisions (decyzja o warunkach zabudowy, WZ) can only be issued for land located within an infill development area (obszar uzupełnienia zabudowy, OUZ) designated in the municipal general plan. Three weeks after the new rules came into force, it is already clear how much they are changing the land market: in municipalities with a general plan the WZ route is much narrower than before, and in municipalities without one – including Kraków – it does not exist at all.

What an infill development area is

An OUZ is an area designated in the general plan around existing, compact development. The idea is simple: a zoning decision should serve to fill in the existing urban fabric – gap sites and plots within built-up blocks – rather than to let development sprawl onto open land. The boundaries of an OUZ are drawn according to a statutory methodology, based on the distribution of existing buildings.

Designating an OUZ is not mandatory – a municipality may not provide for one at all or may limit it to selected areas. Nor will an OUZ be designated everywhere there is existing development.

Conditions for obtaining a WZ within an OUZ

Being located within an OUZ is a necessary but not sufficient condition. A WZ decision must also be:

• consistent with the general plan – including the planning zone and the municipal urban planning standards (height, intensity, building footprint, biologically active area),
• consistent with the other requirements of the act – including the good-neighbourhood principle, access to a public road and adequate utilities.

This means that even within an OUZ, multifamily housing will only be possible where the planning zone and its parameters allow it.

Exceptions

The restriction to the OUZ does not apply to, among other things:

• proceedings started by 31 August 2026 – these continue under the previous rules,
• decisions on the location of public-purpose investments,
• to a certain extent – extension, raising and reconstruction of existing buildings and changes in land use that do not involve constructing a building.

How to check whether a plot is within an OUZ

1. Establish whether the municipality has a general plan in force – this information is available in the municipality's Public Information Bulletin (BIP) and in the Urban Planning Register.
2. Check on the general plan drawing whether the plot lies within the boundaries of an OUZ.
3. Establish the planning zone and the urban planning standards that apply to it.
4. Verify that the plot is not covered by a local zoning plan – in that case, development is governed by the local zoning plan, not by a WZ.

The situation in the largest cities

Where a local zoning plan is in force, a WZ decision is not needed – the plan governs development. That is why, for the land market, the key question is how much of a city is covered by local zoning plans and how much remains without one:

Kraków: what it means for plot owners

In Kraków, which has no general plan, there is no infill development area at all. In practice:

• approx. 82.5% of the city's area is covered by local zoning plans – development is possible under the plans, unchanged,
• approx. 17.5% of the area has no local zoning plan – new WZ decisions are unavailable, and adopting a local zoning plan is, as a rule, impossible until a general plan is adopted,
• plots with a WZ application filed by 31 August – the proceedings continue under the old rules, but the outcome is not guaranteed; the decision may also be appealed,
• plots with a final WZ – keep their route and, in the current situation, are among the land without a local zoning plan most sought after by developers.

When the draft General Plan of the City of Kraków is put on public display, the key will be to check whether and where an OUZ has been designated. For many plots on the outskirts of the city, it is this decision that will determine their future value. It will be worth submitting comments – justified on the merits by the existing development in the surrounding area and access to infrastructure.

Frequently asked questions