For many years, regulations have been introduced to prevent the creation of cubicles sold as micro-apartments – writes “Dziennik Gazeta Prawna”. The latest attempt is the regulations coming into force on April 1, 2024.
Currently, the minimum area for residential premises is 25 square meters (sq m). However, some developers circumvented this regulation by selling the so-called micro-studio apartments as commercial premises. The amendment to the regulation of October 29, 2023 on the technical conditions to be met by buildings and their location is intended to prevent this by unifying the minimum usable area requirement for residential and commercial premises.
Some investors need to hurry
“Dziennik Gazeta Prawna” reminds about the changes, which states that investors can apply the existing regulations if “they manage to submit an application for a building permit, an application for approval of a development or construction project or submit a construction notification before April 1, 2024.”
However, as Michalina Skarżyńska, a trainee attorney at the Osborne Clarke law firm, notes in an interview with the newspaper, the minimum area requirement will apply to the investor if he does not have a building permit before April 1, 2024 or “does not submit a construction notification for which the above-mentioned date, the deadline for filing an objection expires or a certificate of lack of grounds for filing an objection will be issued.
“DGP” draws attention to the complexity of the transitional provisions on this topic. They show that “investors who plan to build commercial premises with an area of less than 25 square meters must hurry to finalize their projects more than others, who only need to submit documents to architectural and construction departments by April 1.”
Minimum area of commercial premises. What are the exceptions?
“DGP” reminds that the legislator allowed the creation of premises with an area of less than 25 square meters. Such premises may be built provided that they are located on the first or second above-ground floor of the building and have direct access from the street.
This requirement will not apply to single-family residential buildings with a separate commercial premises or to collective housing buildings, such as hotels.
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