1. A few conclusions from Polish experience of transition in land management rules Marek Bryx Ph.D. Professor of the Warsaw School of Economics Professor of the Warsaw School of Economics Director of the UN-Habitat Warsaw Office Director of the UN-Habitat Warsaw Office Nov 2001- Feb 2004 undersecretary of State responsible for spatial planning, housing, etc Nov 2001- Feb 2004 undersecretary of State responsible for spatial planning, housing, etc

2. Geneva 29 Jan 2008, Prof. Marek Bryx2 Land management in transition process The transformation process in Poland started officially on 1 January 1990, when first rights prepared by the new, first non- socialist, government and Parliament came into life.

3. Geneva 29 Jan 2008, Prof. Marek Bryx3 The base of land management today Constitution - the highest Parliamentary act Constitution - the highest Parliamentary act Parliamentary act on running properties economy Parliamentary act on running properties economy Parliamentary act on environmental protection Parliamentary act on environmental protection Parliamentary act on deeds Parliamentary act on deeds Parliamentary act on spatial planning - the most important one because it concerns procedures of development of built-up and urbanized areas Parliamentary act on spatial planning - the most important one because it concerns procedures of development of built-up and urbanized areas And a few other acts touching the problem (on agriculture, forests, banking system or heritage) And a few other acts touching the problem (on agriculture, forests, banking system or heritage)

4. Geneva 29 Jan 2008, Prof. Marek Bryx4 The constitution act guarantees private ownership of properties private ownership of properties dispossess of private people from their property is possible only if the property is needed for public utility investment. dispossess of private people from their property is possible only if the property is needed for public utility investment. In that case owners should be paid by the public investor at real market value of their properties

5. Geneva 29 Jan 2008, Prof. Marek Bryx5 Parliamentary act on running properties economy concerns Rules of management of the state or commune properties Rules of management of the state or commune properties Methods of joining small private agricultural lands into one piece (or into a few). Methods of joining small private agricultural lands into one piece (or into a few). Real estate market licenses Real estate market licenses a property manager a property manager a value estimator a value estimator a real estate agent a real estate agent

6. Geneva 29 Jan 2008, Prof. Marek Bryx6 The parliamentary act on environmental protection as an element of land management Generally protects agricultural lands, forests, waters against: different kind of pollution different kind of pollution wasting its destination wasting its destination And the document shows an investment influence on environment is always required

7. Geneva 29 Jan 2008, Prof. Marek Bryx7 The parliamentary act on deeds as an element of land management Electronic deeds have been introduced into the Polish deed system and all old deeds started to migrate from traditional (paper) to electronic version since 2004 Electronic deeds have been introduced into the Polish deed system and all old deeds started to migrate from traditional (paper) to electronic version since 2004 The real estate/investment market is more friendly now not only to every investor but also to every person interested in it. The real estate/investment market is more friendly now not only to every investor but also to every person interested in it.

8. Geneva 29 Jan 2008, Prof. Marek Bryx8 Spatial planning parliamentary act as a base of land management The spatial planning system was changed by the Parliament in 1994 and the new law came into force on 1 January 1995. The spatial planning system was changed by the Parliament in 1994 and the new law came into force on 1 January 1995. It was a big step towards democracy in this field It was a big step towards democracy in this field The amendment to this act was enacted in 2003 but the principles of spatial planning are still the same. The amendment to this act was enacted in 2003 but the principles of spatial planning are still the same.

9. Geneva 29 Jan 2008, Prof. Marek Bryx9 The principles of spatial planning system in Poland introduced in 1995 the local authority (commune) has been begun to make responsible for all decisions in planning and for procedure of planning in the commune area the local authority (commune) has been begun to make responsible for all decisions in planning and for procedure of planning in the commune area the participation of local society in the planning procedure has been guaranteed the participation of local society in the planning procedure has been guaranteed the hierarchic planning system from socialist times has been abolished the hierarchic planning system from socialist times has been abolished

10. Geneva 29 Jan 2008, Prof. Marek Bryx10 The first principle In the procedure of preparing a plan every commune has been obliged to prepare two documents: In the procedure of preparing a plan every commune has been obliged to prepare two documents: The spatial study of the commune that covers all the territories of commune. It decides on the assignment of different zones in the commune but in a general way. The spatial study of the commune that covers all the territories of commune. It decides on the assignment of different zones in the commune but in a general way. The spatial plan for only those zones of the commune which were assigned for investment in the spatial study. The plan has to present more details and is a base for every investment in commune area. The spatial plan for only those zones of the commune which were assigned for investment in the spatial study. The plan has to present more details and is a base for every investment in commune area. Both documents have to be approved by the commune council representing the local society, but only the commune spatial plan has a status of local law. Both documents have to be approved by the commune council representing the local society, but only the commune spatial plan has a status of local law.

11. Geneva 29 Jan 2008, Prof. Marek Bryx11 The participation of local society in the planning procedure introduced in 1995 the citizens’ opinions are collected the citizens’ opinions are collected The remarks and suggestions are put into the plan or unacceptable by the commune council The remarks and suggestions are put into the plan or unacceptable by the commune council If somebody felt aggrieved by the plan it could appeal to the Court. It stopped implementation of the spatial plan. Waiting for a judge verdict takes a lot of time If somebody felt aggrieved by the plan it could appeal to the Court. It stopped implementation of the spatial plan. Waiting for a judge verdict takes a lot of time

12. Geneva 29 Jan 2008, Prof. Marek Bryx12 The hierarchic planning system was abolished by the act from 1994 There are no decisions on the central government level that are passed to local level to be implemented There are no decisions on the central government level that are passed to local level to be implemented The central plan is being built by cooperation and agreements on the level of a province The central plan is being built by cooperation and agreements on the level of a province The 16 plans of provinces should be built as a sum-up of approved local plans The 16 plans of provinces should be built as a sum-up of approved local plans

13. Geneva 29 Jan 2008, Prof. Marek Bryx13 The fourth important rule in the law enacted in 1994 Local authorities were given 2 years for preparing their plans Local authorities were given 2 years for preparing their plans The deadline was prolonged for the next 2 years, and likewise prolong until the end of 2003 The deadline was prolonged for the next 2 years, and likewise prolong until the end of 2003 It’s appeared that local authorities, elected every 3 years, are not interested too much in creating spatial plans for their commune if it is possible according to the law. It’s appeared that local authorities, elected every 3 years, are not interested too much in creating spatial plans for their commune if it is possible according to the law.

14. Geneva 29 Jan 2008, Prof. Marek Bryx14 Main changes introduced to the spatial planning law by the amendment enacted in 2003 1. Participation system – everybody feels aggrieved by the plan it can appeal about it to the Court, BUT it does not stop the procedure 2. Time for preparing spatial plans is not prolonged 3. Private properties reserved in the socialist times for public utility investment are restore to their owners or commune should pay them equivalent on market value

15. Geneva 29 Jan 2008, Prof. Marek Bryx15 Dilemmas (1) Spatial planning concerns our common welfare - there are not only ideals in the procedure but also conflicts of interests. Spatial planning concerns our common welfare - there are not only ideals in the procedure but also conflicts of interests. To create the appropriate balance between rights and duties of each of the sides involved in the planning procedure is the task of the central government and Parliament To create the appropriate balance between rights and duties of each of the sides involved in the planning procedure is the task of the central government and Parliament

16. Geneva 29 Jan 2008, Prof. Marek Bryx16 Dilemmas (2) There are still voices require some changes in the law, even a closure allows to punish local authorities if they have not enacted spatial plans. There are still voices require some changes in the law, even a closure allows to punish local authorities if they have not enacted spatial plans. If somebody treats such an idea seriously it means that the sense of local democracy is questioned. If somebody treats such an idea seriously it means that the sense of local democracy is questioned.

17. Geneva 29 Jan 2008, Prof. Marek Bryx17 Dilemmas (3) Participation of local societies in preparing spatial plans is still too small. Maybe is there a mistake in the procedure? People are asked their opinions when the first version of the plan is ready. Maybe some research should have been prepared earlier to check their opinion before the procedure started … People are asked their opinions when the first version of the plan is ready. Maybe some research should have been prepared earlier to check their opinion before the procedure started …

18. Geneva 29 Jan 2008, Prof. Marek Bryx18 Dilemmas (4) 1. There are no instruments in the Spatial Planning Law that can urge the local commune to plan and invest in a few unpopular but important undertakings, as for example – garbage dump. 2. Probably, some economic encouragements should be added to the spatial planning law….

19. Geneva 29 Jan 2008, Prof. Marek Bryx19 Final conclusion (1) Creating a new law, new instruments for authorities requires extensive knowledge of: all tasks of the new law all tasks of the new law all divergent interests all divergent interests and balancing the above

20. Geneva 29 Jan 2008, Prof. Marek Bryx20 Final conclusion (2) Poland in the European Union As a member of EU Poland will As a member of EU Poland will create its land management according to EU directives create its land management according to EU directives implement all the resolution from Leipzig Charter. implement all the resolution from Leipzig Charter. But there is still a place to improve a law concerning city revitalization. But there is still a place to improve a law concerning city revitalization. All those matters are inside the work plan of the Minister of Infrastructure and His Deputy responsible for spatial planning, city development, etc. All those matters are inside the work plan of the Minister of Infrastructure and His Deputy responsible for spatial planning, city development, etc.

21. Geneva 29 Jan 2008, Prof. Marek Bryx21 Thank you for your attention