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Polish Deal – real estate. Home without formalities. The Senate rejected the bill

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Senators voted against the law for a house up to 70 square meters without formalities. The regulations adopted earlier by the Seym provide for the possibility of such construction without the need to obtain a permit, appoint a construction manager and keep a construction log.

52 senators voted against the amendment to the Building Law and the act on spatial planning and development, while 47 were against the rejection.

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, called a house without formalities, introduces the possibility of building single-family houses with a building area of ​​up to 70 square meters 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.

Deputy Minister of Development and Technology, Piotr Uściński, assured during the Senate’s work on the novel that “houses without formalities” would not be built in the middle of nowhere and would not cause architectural disorder. As he said, the act minimizes the waiting time for a building decision, “so that administrative restrictions do not prevent investors from realizing their dream of having their own home”.

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The Senate Committees of Local Government, State Administration and Infrastructure requested the rejection of the bill during Wednesday’s session. 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. They also pointed out that a completely different draft than the one presented in the Sejm was sent for consultation.

The Sejm passed a law on the construction of houses up to 70 square meters without formalities in mid-September. A house without formalities is a solution included in the package of legislative changes included in the Polish Order. Thanks to the change in regulations, everyone would be able to start building a small single-family house only upon notification, i.e. without obtaining a building permit, and without the obligation to appoint a construction manager and keep a construction log.

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Building a house up to 70 square meters without permission. Rules

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 square meters. The number of designed buildings could not be greater than one for every 500 square meters of the plot area, which is to guarantee that the designed structure will be used only for individual purposes, and not for the construction of multi-building housing estates.

Moreover, simplifications in the procedure of notifying the construction of houses up to 70 square meters would be introduced, consisting in excluding the possibility of the architectural and construction administration body objecting to the notification of such a construction made by the investor. Construction could begin immediately after such notification has been 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 square meters to 70 square meters, with restrictions on 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 zoning plan, the decision on development conditions for houses up to 70 square meters was to be issued within 21 days.

Main photo source: Shutterstock



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