The purpose of the publication is to answer the basic question about the qualification of the right to develop the property and the legal nature of its restrictions. In legal literature, two mutually exclusive concepts are opposed. On the one hand, property development is recognized as one of the components of ownership, in particular as a derivative of the right to use things. On the other hand, the analyzed allowances are considered to be the result of decisions and permits issued by public administration bodies. The text attempts to show that the right to develop a property is a civil right, which due to the need to maintain spatial order and sustainable development of land is subject to further regulation, than other ownership rights. The considerations presented in the text were conducted using the dogmatic method based on the analysis of applicable legal provisions with the use of legal inferences and the derivative interpretation of the law. An inspiration to write this comment was the judgment of the Supreme Administrative Court of 11 January 2018.