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Description
Poland was recently ranked a shameful 41st in the Transparency International corruption perceptions index. The percentage of preparatory proceedings regarding corruption cases in the public sector was as high as 70% – and usually concerned infrastructure, construction, and real estate. More than half of businesses acknowledged that they had encountered corruption with respect to construction permits. In Lublin, unclear provisions of law, or the fact that there is no zoning plan, is conducive to corruption. There has been a lot of controversy in recent years regarding a favorable approach of authorities to property development projects. Property developers are influential, and have money and legal resources. Residents have no knowledge of the law and do not have contacts to act effectively in administrative procedures. The Project Promoter will monitor property development projects and dependence in the relationship between property developers and municipal authorities. It will identify any institutional loopholes and procedural errors that might exist, and present the findings in a report and public exhibition. The report will also be used for advocacy measures during the election campaign. Fundacja Wolności will support the role of residents in environmental and zoning procedures relating to real estate. The support will be provided in the form of briefings and investigative walks, and assistance in formulating proposals, producing visualizations, and providing updates on the proceedings. The project will be useful to residents of Lublin, especially activists in the district councils and new residential estates, politicians, and CSOs. The public will have greater awareness of residents’ rights and of local government activity with respect to real estate and zoning. There will be greater public involvement in local issues. While legislative changes may not come about quickly, it is entirely feasible that the practice of applying the law will improve.
Summary of project results
Not long ago, Poland ranked a disgraceful 41st in Transparency International''s Corruption Perceptions Index. As many as 70% of corruption investigations concerned the public sector - most often infrastructure, construction and real estate. More than half of entrepreneurs said they had encountered corruption in the granting of building permits. Corruption is facilitated by unclear legislation or the lack of zoning plans. In Lublin, the issue of corruption is particularly vivid, and the preferential treatment of developers'' investments has been highly controversial in recent years. Developers are influential, have money and a legal background. Residents, on the other hand, do not have the legal knowledge or contacts to participate effectively in administrative procedures (e.g. consultations).
As part of the project, the Project Promoter carried out monitoring of developers'' investments and the relationship between developers and the City Hall. The monitoring included, inter alia, multi-level control of urban planning indicators, qualitative analysis of changes in zoning decisions and appeals against zoning decisions, compliance with the obligation to build access roads and compliance with the provisions of environmental decisions, compliance between developers'' promises and their implementation. The monitoring was complemented by responding to signals from residents regarding potential irregularities. An analysis of 5 controversial developments was also carried out. This was used to check whether allegations made in public against certain investments were justified. The Project Promoter was also involved in activities related to the amendment of the "Study of Conditions and Directions for Spatial Development" and one of the local plans. Summaries of the individual monitoring exercises, together with instructions on how to carry them out, were published on the project website.
A wide range of people benefited from the project - mainly residents of Lublin, urban activists, politicians and NGOs. Public awareness of residents'' rights and the activities of the local government in the area of real estate and urban planning was raised. The Project Promoter succeeded in overturning decisions on development conditions for two investments, the implementation of which would have had a negative impact on the environment. The Project Promoter has diagnosed problem areas at the interface between developers and the government, and has developed the capacity to respond legally in situations where the law has been violated.