Przedmiotem artykułu jest analiza prawna jednego z podstawowych warunków wydania decyzji o warunkach zabudowy, określanego jako „dobre sąsiedztwo". Autorka wskazuje na wyraźne zmiany w interpretacji tego przepisu, dokonywane zarówno przez przedstawicieli doktryny, jak i sądy administracyjne. Tym niemniej nadal podstawowym elementem uwzględnianym przy wydawaniu decyzji o warunkach zabudowy jest ład przestrzenny.
Decisions on land development conditions play an important role when determining the manner of development of those areas where a local spatial development plan is not binding. Pursuant to the provisions of the Act on spatial planning and development, the issue of a decision on building development is binding as a rule. This is provided for in art. 64 in conjunction with art. 56 section 1 of the Act, pursuant to which the determination of location of a public purpose investment cannot be refused provided that the planned undertaking is consistent with separate provisions. In addition, the provision of art. 1 section 2 of the Act, which sets out the obligation to take into account specified values in spatial planning and development, may not be the exclusive basis for refusal to determine the location of a public purpose investment. This regulation is applied respectively to a decision on building development conditions. This means that the authority competent to issue a decision on building development conditions is obligated to issue it provided that the requirements set out in art. 61 of the Act on spatial planning and development (primarily the so-called "good neighbourhood principle") are complied with and the application is consistent with separate provisions.However, the determination whether the principle of good neighbourhood has been complied with, that is, whether at least one neighbouring plot, accessible from the same public road, is built-up in the manner allowing for determination of requirements as regards new buildings in the scope of continuity of functions, parameters, characteristics and indicators for development of land and buildings, including the size and architectural form of constructions, building alignment and intensity of land use should be performed taking into account the characteristics of the buildings already existing in a given area, geographical and environmental conditions. It also should be performed in such manner that spatial order is not disturbed. Consequently, spatial order is not an independent basis for determination of conditions for new buildings; however, it plays an important role at the analysis of good neighbourhood. Thus, performing such analysis, the administration authority should act within a certain decisional freedom, whilst performing the analysis observing the principles set out in the Act on spatial planning and development is one of the elements of correct application of law when conditions for new buildings are determined. The analysis of administrative courts decisions in the scope of application of the principle of good neighbourhood reveals substantial differences among them. What is more, certain lines of judicial decisions are in contravention with both linguistic and systematic interpretation. One of such elements is identifying the term "neighbouring plot" with the concept of plots located in the analysed area. However, these concepts are not identical, and determination of the analyzed area should not be performed in any, possibly widest scope. Besides, the freedom of determining the access to the same public road cannot be accepted, also as the access through another public road. The legal definition included in the statute imposes in this scope a very strict interpretation of this term. Finally, it ought to be pointed out that it is necessary to take into consideration the fact that the construction of the buildings is unlawful if it is ascertained in relevant administrative proceedings. Such buildings cannot be the basis for determining good neighbourhood.