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Saturday, October 23, 2021

House up to 70 square meters without a building permit. Sejm: deputies tabled amendments

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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 draft returns to the parliamentary committees. During the second reading, amendments were tabled, one of them is to raise the limit from 70 to 100 square meters.

A draft law liberalizing building regulations and allowing the construction of houses up to 70 sq m. without a building permit and keeping a construction log, he returns to the commission. Among the amendments proposed in the second reading is the Confederation’s proposal to increase to 100 sq m. limit for a house without formalities.

It is a government draft act amending the Act – Building Law and the act on spatial planning and development. After the second reading on Thursday, the regulations were sent to the joint parliamentary committees on Infrastructure and the Local Government and Regional Policy Committee for consideration of amendments tabled by opposition MPs. The meeting is to start on Friday at 9.


Building Law – corrections

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Among the amendments, there was a Confederation’s proposal to increase the limit for a house without formalities to 100 m2. As argued by MP Dobromir Sośnierz, a house without a permit is a good solution that will make life easier for Poles, so there is no reason to limit its size to 70 m2. Deputy Wiesław Szczepański from Lewica pointed out that, contrary to the applicants’ declarations, the project is a simple way to abuse it by developers, because it allows the construction of several houses on one plot without formalities. Szczepański tabled several amendments, noting that he expects that they will not be taken into account, then the Left will not support this project. A similar declaration, along with amendments to the draft, was made during the debate by the representative of the Polish Coalition, MP Jacek Tomczak.

On behalf of the Civic Coalition, MP Małgorzata Chmiel submitted a motion to reject the bill in its entirety in the second reading.

Construction law – construction of a house up to 70 m2 without a permit

Deputy Minister of Development and Technology Piotr Uściński, answering the questions and doubts of MPs, emphasized that this is a very good project for Poles and will result in “Poles will have real freedom to choose their place of residence”.

He also assured that the project would not destroy the architectural order, because it would not interfere with the provisions concerning the creation of local spatial development plans. – We are not changing substantive law, but simplifying procedures – emphasized Uściński.

The deputy minister of development added that house designs without formalities will be available for “the proverbial zloty”

Polish Deal – building a house

A house without formalities is a solution included in the Polish Deal program. The proposed regulation is to introduce the possibility of building single-family residential buildings in the application procedure, without a building permit, without a construction log, and without the need to appoint a construction manager.

Such buildings are to be free-standing and not more than two-storey, their area of ​​influence must 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 are supposed to be small and simple in structure, which is to facilitate compliance with safety requirements. The permissible building area for these houses has been specified, up to 70 m2 with an attic, and the total usable area will not exceed 90 m2. The number of designed buildings cannot exceed one for every 500 m2 of the plot area. This condition is to guarantee that the designed structure will serve only individual purposes, and not the construction of multi-unit housing estates.

Moreover, simplifications are to be introduced in the procedure of notifying the construction of houses up to 70 m2, consisting in excluding the possibility of filing an objection by the architectural and construction administration authority to the investor’s notification of such construction. It will be possible to start construction immediately after such notification has been delivered to the architectural and construction administration authority.

The investor will 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 documentation attached to the application is complete. Building a house will require notifying construction supervision authorities about the intended date of commencement of construction works.

Construction law – buildings for individual recreation

The possibility of building recreational houses in the application procedure is also to be extended from the current maximum surface parameter of 35 m2 to 70 m2, with the introduction of limitations in the parameters: the span of structural elements of these buildings cannot exceed 6 m, and the bracket’s projection cannot exceed 2 m.

In the absence of a local spatial development plan, the decision on development conditions for houses up to 70 m2 is to be issued within 21 days.

Main photo source: Shutterstock

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