Ustalanie opłaty planistycznej – procedura, przesłanki oraz propozycje zmian w obowiązującym prawie

The re-zoning fee is one of the revenues of municipalities. Nevertheless, municipalities usually do not obtain the expected revenue from re-zoning fees. This should be, primarily, attributed to the fact that estate owners withhold the sale of land until the claims for re-zoning fees expire, and to the relatively high effectiveness of appeals against the decisions on the basis of which fees are set. Another important factors are the following: abandoning the calculation and execution of re-zoning fees as a result of poor organisation of work, tardiness in issuing decisions on the fee that sometimes results in expiration of the claim, as well as insufficient and ineffective vindication. Due to the above reasons, the Supreme Audit Office has examined the issue of calculating and settlement and execution of the re-zoning fees. The article is an attempt to present the most significant legal questions related to re-zoning fees, to identify faulty regulations and to list changes in the binding law that NIK has proposed.