ML AVIATION

ML AVIATIONInsights

An environmental decision has a deadline.

Once obtained, an environmental decision does not wait for the investor indefinitely. When the deadline starts, how to extend it and what to check when buying land with a decision already in place.

Chain of reasoning

Stage of the decision
  1. 01Assumption

    The application for a building permit or a zoning decision, or the notification of construction, is filed within 6 years of the day on which the environmental decision became final.

    Why

    The deadline under art. 72(3) runs from the day on which the decision became final.

    EIA Act, art. 72(3)

    Read the section
  2. 02Dependency

    Extension to 10 years requires a position of the authority of first instance, received before 6 years have elapsed. The request for that position is filed no earlier than 5 years after the day on which the decision became final.

    Why

    The window for requesting the position opens after 5 years, and the position must be received before 6 years have elapsed.

    EIA Act, art. 72(4) and (4a)

    Read the section
  3. 03Next step

    When did the environmental decision become final and how much of the 6 years is left?

    Why

    That date decides whether a permit application is needed, or a request for the authority's position.

    EIA Act, art. 72(3)

    Read the section
01

Six years from the final decision

The environmental decision is attached to the application for a building permit, for a zoning decision and for the other decisions listed in art. 72(1), and to the notification of construction or building works. The application or notification is filed within 6 years of the day on which the decision became final.

We establish the date from which the deadline runs before planning the schedule and before buying the land.

Basis: Journal of Laws 2026 item 670

02

Extension to 10 years

The application or notification may be filed within 10 years of the day on which the decision became final if, before 6 years have elapsed, the party that applied for the decision, or the entity to which it was transferred, receives from the authority of first instance a position that the conditions for carrying out the project are still current.

The request for the position takes into account information on the state of the environment and the feasibility of the conditions in the decision. It is filed no earlier than 5 years after the day on which the decision became final. The position is issued as an order, against which a complaint lies.

Basis: Journal of Laws 2026 item 670

03

One decision in that period, and transfer

In the period referred to in (3), (4) and (4b), one environmental decision is issued for a given project. This also applies where the project requires more than one of the decisions in (1), or where decisions are obtained separately for the stages of implementation.

With the consent of the party for which the decision was issued, the authority must transfer it to another entity if that entity accepts the conditions it contains. When buying land with a decision already in place, we therefore check the day on which it became final and the time remaining.

Basis: Journal of Laws 2026 item 670

Check the path of your investment

The order of decisions, the authorities and statutory deadlines in the permit planner.