Poland: Changes to Building Law
While the Commission for Codification of Building Law is working on the draft Building Code – an act that is to bring together into one whole the regulations relating to the construction process, an amendment to current Building Law has been published. It will enter into effect on 28th June 2015. The amendment will to a certain extent see the introduction of the solutions that were to be included in the Building Code currently being drawn up.
The key change introduced through the amendment is the broadening of the catalogue of structures the construction of which does not require the obtainment of a building permit. The changes relate to construction of detached one-family residential dwellings, provided that their area of impact is fully contained to the plot or plots on which they are to be erected.
As per the new regulations, the intention to construct a given structure will have to be notified to the relevant authority, where the building design will have to be enclosed with the notification. It will be necessary to identify within the building design the so-called area of impact of the structure, while the obligation to submit declarations on the availability of water, electric energy, etc., as well as access to a public road, will be dispensed with. In the event that the documentation submitted is not complete, the authority will be obliged to request within a time limit of 14 days that the missing documentation is delivered. The authority will then have 30 days to object to the application; and if no objection is made, this will mean the permission to commence construction is granted. The 30-day time limit will be calculated from the date of sending of the letter by the authority. Furthermore, the permissible area of structures that can be erected on the basis of a notification will be increased.
The catalogue of structures exempt from the obligation to obtain a building permit will include but not be limited to: one-storey utility outbuildings, garages, garden sheds with an area of up to 35 sq m (so far 25 sq m), where it will be possible to erect a maximum of two such structures for each 500 sq m of a plot, as well as swimming pools and ponds with an area of up to 50 sq m (so far 30 sq m). The time limit in which construction work is to be commenced following the date identified in the notification as the date of commencement of work has been extended to three years. Once this time limit expires, it will be necessary to submit another notification as to the intention to commence construction work. As per the new regulations, once construction work is completed, it will be necessary to notify the authority in order to commence occupancy of a structure. The authority will have 14 days, as opposed to the current 21 days, to lodge an objection. If the authority does not lodge an objection, it will be possible to commence occupancy of the structure. Under the legal regulations in effect at the moment, the relevant authority was obliged to maintain a register of applications for planning permissions and planning permission decisions.
The changes impose on the authorities the obligation to maintain a register of notifications relating to, amongst others, detached one-family residential dwellings the area of impact of which is fully contained to the plot or plots for which they have been designed. This information will be made publicly available on the Public Information Bulletin website of the relevant authority. The authorities will be obliged to disclose in the register the information relating to submission to the authority of a notification as to the intention to construct a given structure (the information is to contain: first name, last name/business name of the investor, address and description of the structure being designed), lodging of an objection by the authority, as well as the time limit for lodging thereof. While aiming to simplify the construction process, it was the intention of the legislator to remove bureaucratic barriers and reduce the time needed for the authorities to process one case.
However, we will be able to conclude whether the amendment contributes to simplification of the construction process relating to erection of new structures to any significant extent only upon entry of the amended act into effect.
