Environmental Decision – a key element for the implementation of the project

Environmental decisions are a central element of legal regulations aimed at maintaining a balance between economic development and environmental protection.

From a formal point of view, investors are required to have a document: “decision
on environmental conditions”. The environmental decision is an official decision specifying the conditions that must be met when implementing a given project, taking into account its impact on the environment. In this document, the public administration authority responsible for environmental matters specifies to the investor how and according to what principles the project to minimize negative effects on the environment or not worsen its condition.

Why do you need an environmental decision?

Having an environmental decision allows the investor to submit applications for obtaining many important decisions necessary to implement the project, including, above all, decisions on development conditions or building permits. The authorities responsible for issuing these documents take into account the conditions set out in the environmental decision to maintain consistency of procedures. Therefore, it is necessary to understand the fundamental nature of the environmental decision, because the findings contained therein will affect the subsequent stages of project preparation, the possibilities of land development and the method of carrying out implementation works.

The full list of decisions that can be obtained with an environmental decision is described in detail in the Act of October 3, 2008 on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments.

When should an environmental decision be obtained?

In the case of projects for which it is necessary to obtain a decision on development conditions or a building permit, it is not always necessary to obtain an environmental decision. This applies to projects that were included in the list of projects that may have a significant impact on the environment, in accordance with the Regulation of the Council of Ministers of September 10, 2019 (Journal of Laws of 2019, item 1839). A decision on environmental conditions may be necessary not only in the case of new projects, but also in the case of expansion, reconstruction or modification of existing projects.

Therefore, it is always worth checking whether our project requires obtaining an environmental decision in order to implement it in accordance with applicable regulations.


Rafał Drzewiecki

Lawyer, Mediator

He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.

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