The new provisions of the Construction Law are intended to enable the construction of a house with an area of up to 70 square meters without a building permit. The changes announced under the Polish Deal program are to enter into force one month after the date of announcement. The draft amendment to the act has been consulted and agreed.
It is a draft act amending the Act – Construction Law and the act on spatial planning and development. According to the information on the website of the Government Legislation Center, consultations are to last 3 weeks, and arrangements are to last 2 weeks. This is one of the bills announced as part of the Polish Deal.
The author of the project is the Ministry of Development, Labor and Technology.
Construction law – construction of a house up to 70 m2 without a permit
The proposed regulation is to introduce the possibility of building single-family residential buildings without a building permit, without a construction log and without the need to appoint a construction manager in the notification procedure.
“Already at the stage of approval for implementation, the subject of the application, to which the construction design will be attached, is to be a building with a development area of up to 70 m2 with an attic, with a total usable area of no more than 90 m2. is to facilitate compliance with safety requirements “, we read in the regulatory impact assessment attached to the project.
At the same time, it was added that it is allowed for buildings to be two-story, because in accordance with the definition contained in the regulation of the Minister of Infrastructure on technical conditions to be met by buildings and their location, the attic with rooms intended for people to stay is also considered a floor.
The draft act requires that the houses to be built are free-standing buildings and the permissible building density is determined, indicating that one such building may be erected on a plot of at least 1000 m2. “The requirement to locate one facility for every 1000 m2 of plot area is to be a mechanism ensuring that the designed institution will serve only individual purposes, and not the construction of multi-building housing estates” – emphasized the RIA.
The bill provides that houses up to 70 m2 will be built in the so-called applications with the construction project. This means – as explained in the regulatory impact assessment – that, in accordance with the provisions of the Construction Law, the architectural and construction administration authority publishes, for a period of not less than 30 days and not longer than 60 days, in the Public Information Bulletin on the entity website of the office serving it within 3 days from the date of delivery of the notification – information about the notification, including the first and last name or the name of the investor as well as the address and description of the designed facility; lodging an objection – information on the date of its submission; the expiry of the period – information that no objection has been raised.
Construction law – buildings for individual recreation
At the same time, the draft amendment provides for a change in the permissible development area of detached one-story buildings for individual recreation, understood as buildings intended for periodic rest, from the current 35 m2 to 70 m2.
The change was prepared – as indicated by the authors of the project – “due to the signals coming to the ministry about the need to increase these parameters”. It was noted that, in particular during the pandemic, the interest in this type of objects increased.
“Taking into account safety considerations, it is expected that the span of structural elements in such objects should not exceed 6 m, and the reach of the brackets is limited to 2 m” – indicated.
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