The Sejm opposed the Senate’s resolution to reject the bill abolishing formalities related to the construction of a house up to 70 square meters. The act provides for the possibility of building a small house without the need to obtain a permit, appoint a construction manager and keep a construction log. Now it will be signed by the president.
On Thursday, the Sejm did not agree to the Senate’s proposal to reject the act amending the Construction Law and the act on spatial planning and development, the so-called the House Act without formalities. It is a solution included in the package of legislative changes included in the Polish Governance.
267 deputies voted for the rejection of the Senate resolution, 187 were against, and one abstained. Now the act will be signed by the president.
A small house without formalities – the act
On Wednesday, members of the parliamentary commission for infrastructure and local government were against the Senate’s motion to reject the bill in its entirety. – The government’s position is positive for the bill, and therefore negative for the Senate’s motion – said Piotr Uściński, Deputy Minister of Development and Technology during the meeting.
Doubts of the senators were raised, among others, by the fact that the investment can be started without a construction manager, after the notification has been delivered to the architectural and construction administration authority. Hoping that “the chronically underinvested construction supervision will be taken over by the element that will be released by this act is completely irrational” – they argued.
Construction law – building a house up to 70 square meters without a permit
The act amending the act – construction law and the act on spatial planning and development, known as a house without formalities, introduces the possibility of building single-family houses with a building area of up to 70 sq m without obtaining a building permit, appointing a construction manager and keeping a construction log, in the procedure of the so-called . applications with the construction project. In the absence of a local spatial development plan, it is expected that a decision on development conditions will be issued for this type of facilities within 21 days.
Such buildings would be free-standing and not more than two-storey, their impact area would be entirely on the plot on which they were designed, and construction should be carried out in order to meet the investor’s own housing needs.
These objects, by definition, would be small and simple in structure, which would facilitate compliance with safety requirements. The permissible building area of these houses has been specified up to 70 sq m. The number of designed buildings could not be greater than one for every 500 sq m of the plot area, which is to ensure that the designed structure will be used only for individual purposes and not for the construction of multi-building housing estates.
Building a house up to 70 square meters without permission. Rules
Moreover, simplifications in the procedure of notifying the construction of houses up to 70 sq m would be introduced, consisting in excluding the possibility of the architectural and construction administration body from submitting objections to the investor’s notification of such construction. Construction could commence immediately after such notification was delivered to the architectural and construction administration authority.
The investor would be obliged to attach to the application a declaration that the planned construction is carried out in order to meet his own housing needs, he takes responsibility for managing the construction in the event that the construction manager is not appointed, and the attached documentation is complete.
Building a house would require notifying building supervision authorities of the intended date of commencement of construction works.
The possibility of building recreational houses in the application procedure would also be extended from the current maximum surface parameter of 35 sq m to 70 sq m, with the following parameters being limited: the span of structural elements of these buildings cannot exceed 6 m, and the bracket’s projection cannot exceed exceed 2 m.
In the absence of a local spatial development plan, the decision on zoning conditions for houses up to 70 sq m was to be issued within 21 days.
The act is to enter into force 2 months after its announcement.
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