Strategic Investments Under a New Legal Regime – Time to Update Procedures and Risk Models

On 7 September 2025, the Act on Special Principles for the Preparation and Implementation of Strategic Investments in the Area of National Defence and Public Security (Journal of Laws 2025, item 1080) entered into force. This is a systemic piece of legislation that redefines the rules governing the implementation of infrastructure investments of strategic importance – in the fields of construction law, real estate management, and environmental protection.

The new regulations respond to current geopolitical challenges. The legislator’s objective is clear: to accelerate the implementation of projects that are crucial for the security of the state, including those carried out under the National Deterrence and Defence Programme – Eastern Shield. However, procedural simplification comes at the cost of limiting procedural safeguards for property owners and local communities.

What has changed?

Construction Law: the scope of projects that do not require a building permit or notification has been expanded, including defence facilities and temporary infrastructure of the Polish Armed Forces. It is now possible to locate military facilities on all restricted areas (except for railway lines).

Real Estate Management: the Act allows for ex officio land acquisition, with administrative decisions that are final and immediately enforceable, while guaranteeing compensation based on market value (Supreme Administrative Court judgment I OSK 1114/23).

Environmental Protection Law: exemptions have been introduced from the obligation to carry out an Environmental Impact Assessment (EIA) and public consultations for projects located on restricted areas, provided that minimum information and control standards are maintained.

What does this mean in practice?

For lawyers, investors, property owners, and public administration authorities, the new regulations entail an urgent need to update operational procedures, risk models, and stakeholder communication strategies. The legislator prioritised derogations and speed, which accelerates investment processes but simultaneously increases the responsibility to ensure transparency, compliance with sustainable development principles, and protection of the public interest.

In practice, this means:

• the need to revise legal strategies and project documentation,
• restrictions on appeal rights and procedural safeguards for property owners,
• the necessity to implement new due diligence models for projects carried out in restricted areas,
• the growing importance of accurately classifying investments for the simplified procedure by administrative bodies,
• increased responsibility for ensuring compliance with the principles of proportionality, transparency, and environmental protection.

The new regulations require not only knowledge of the law but also a strategic approach to implementation – taking into account legal, social, and reputational risks.