The Senate’s draft liberalization of the so-called the distance act

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The Senate passed a resolution on introducing a draft amendment to the act on investments in wind farms to the Sejm, assuming the liberalization of the “10H criterion” in relation to the distance from housing.

The solutions proposed by the Senate are to liberalize the “10H criterion” in relation to residential buildings by assuming that in proceedings regarding the location and construction of residential buildings or buildings with a mixed function, which includes a residential function, failure to meet the “10H” requirement cannot constitute a premise to incl. refusal to issue a decision on development conditions or refusal to issue a building permit.

According to the proposed transitional provision, new provisions will be applied to the proceedings initiated and not completed before the entry into force of the amendment in question regarding the location and construction of a residential building or a building with a mixed function, which includes a residential function.

The act would enter into force 14 days after its announcement.

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