CPK – investment goal
Central communication port (Cpk) to strategicinvestment aimed at creating a modern transport system in Poland, integrating in air, rail and road transport. Under the program CPK It is to be created, among others Modern central airportlocated between Warsaw and Łódź, and High speed rail system.
The new airport is to be adapted to support 34 million passengers per year in the initial period of operation and the estimated cost of the whole investment Until 2032 amounts to PLN 131.7 billion.
Proposed mechanisms of expropriation and linking them with the payment of compensation
In the current legal status, due to the lack of a formal connection of expropriation with the payment of compensation, a situation is possible – often found in the implementation of the investment based on other species – in which the expropriated person does not even receive an advance payment for compensation before the deadline to leave the property.
The draft act assumes a change in the construction of a location decision – after the new provisions come into force, the voivode will be able to make a location decision immediate enforceability. This will enable the initiation of proceedings regarding the determination of the amount of compensation and ensuring the availability of real estate for construction purposes.
This change is to be regulated by art. 59a para. 2 which addictive giving the immediate enforceability of a location decision from the obligation to initiate proceedings by the voivode regarding the determination of compensation. The purpose of this regulation is acceleration of compensation payments for expropriated people. The decision determining the amount of compensation will have to be issued within 60 days of granting the rigor of the location decision.
On the other hand, this solution is to enable the Company to undertake actions related to obtaining a building permit without having to apply for an additional administrative decision (e.g. on immediately occupying the property) or waiting for the location decision to become final – Without the need for physical takeover of real estate by the Company, as currently required law.
Rules for granting an advance payment for compensation
After the changes come into force, owners of expropriated real estate They will be able to apply for an advance in height85% compensation determined by the first instance authority in the decision specifying its amount. The advance is to be paid within 30 days from the date of submission of the application by an authorized person. An possible appeal against the decision determining the amount of compensation will not affect the payment of the advance.
Amendment eliminatesalsodivision for people privileged (expropriated from built -up real estate) and fileed (expropriated from undeveloped real estate). The possibility of obtaining an advance for compensation is to be provided for both types of real estate.
Deadline for leaving the property
The project provides for the introduction of a new rule according to which expropriated persons will be deprived of the possibility of further occupation of real estate – granting the location decision of the immediate enforceability will result in the obligation to make it within 120 days from the date of the decision determining the amount of compensation.
This means that the owner or perpetual usufructuary of the expropriated property will have A total of 180 days to leave it – counting counting from the date of granting the location decision of immediate enforceability (60 days to issue a decision on compensation and 120 days to issue real estate).
According to the author of the project, thanks to these changes, there should be no situation in which The expropriated person will be deprived of the property before obtaining the right to receive an advance in the amount of 85% of the determined compensation.
In the case of expropriation of real estate built -up with a residential building, the owner or perpetual usufructuary will be entitled replacement premises for a period of 120 days.
Liquidation of additional agreement proceedings
The project also assumes liquidation of additional agreement, provided for in art. 59 of the CPK Act.
Pursuant to the applicable regulations regarding the acquisition of real estate for the investment, the agreement procedure operates on the basis of art. 29b of the CPK Act (Voluntary Program to buy) and Art. 114 of the Act of 21 August 1997 on real estate management (Journal of Laws of 2024, item 1145, as amended). Pursuant to the latter provision, the initiation of expropriation proceedings should be preceded by prognosis regarding the acquisition of real estate rights by way of a contract during which a replacement property may be proposed.
Art. 59 of the CPK Act introduced DOutstanding agreementconducted within two months from the date of delivery of the notification to the parties about the issuing of a location decision – regardless of previous agreement modes.
According to the legislator, resignation from this additional stage after issuing a location decision will de facto contribute to PCraft the process of determining and paying compensation as part of the proceedings conducted by the voivode.
Proposed procedure for entering the regulations
Government Plenipotentiary for Central Communication Port offers that the regulations come into force with the day following the day of announcement Act in the Journal of Laws, Citing art. 4 para. 2 of the Act of 20 July 2000 on the announcing normative acts and some other legal acts (Journal of Laws of 2019, item 1461). This provision states that in justified cases normative acts may enter into force less than fourteen days, and if it requires it An important interest of the state And the principle of a democratic legal state does not prevent this – it is allowed that the day of entry into force is the day of publication of the act in the official journal.
Prime Minister Donald Tusk announces a tender for the construction of a terminal – preference for Polish contractors
About CPK again got louder after the last meeting of the Council of Ministers. According to the Chancellery of the Prime Minister – The proceedings on competitive dialogue began for the selection of the general contractor of the airport passenger terminal. Polish companies are to be preferred:
“This is two good information: firstly, after years of stories about the need for a large airport in central Poland, the work has finally started. Secondly – and more important from my point of view – we have adopted a special procedure, which has been in force for a short time, which allows you to prefer (and we say it directly, without pretending to be) Polish companies” – said the Prime Minister.
The total value of tenders of the Central Communication Port in 2025 is PLN 30 billion, of which the cost of building a passenger terminal exceeds PLN 5 billion.
