After the high-profile issue of the block in Nowolipki, planned four meters from the neighbors’ windows, more astonishing investments are being prepared in Warsaw. A nine-story block with access through the neighbors garage may soon be built in the yard at Ogrodowa 32A. Residents will enter the building through someone else’s backyard. The mayor of Wola admits that there may be more controversial investments in the near future.
A private investor intends to build on a small plot of land located in the yard at Ogrodowa 32A. The future multi-family building is to be squeezed between the old tenement house and the wall of the block at Żelazna 82/84. From the south it will face the yard, from the north it will be adjacent to the building at Aleja Solidarności. Its height will be irregular – seven stories from the west, nine from the east.
– We have received an application for a building permit. It is currently being processed. The investor provided all the required materials that allow us to start the substantive analysis. We will certainly ask for explanations regarding the sun exposure – confirms our findings Mateusz Witczyński, the press spokesman of Wola.
Due to the location of the building, access to the future investment is planned via the underground garage of the existing block at Ogrodowa 32A, and new residents will be able to access the apartments through their neighbors’ yard. Such solutions are a consequence of decisions made over 20 years ago. In the past, the plot was owned by the SBM “Ogrodowa” cooperative, which today owns real estate at Ogrodowa 32A and Żelazna 82/84. The authorities of the cooperative, looking for a way to avoid bankruptcy, separated this area and sold it. It was then that the land easement concerning the roads leading to the property was specified in the land and mortgage register.
They are concerned about the fate of the yard
Today, the management of the cooperative and the residents of its blocks of flats have doubts about this solution. – Our garage from the moment of its creation is adapted to puncture the entrance to the garage of the neighboring property and we do not make any comments in this matter. Unfortunately, in the current wording, the easement is unlimited and allows, among other things, driving across the yard, which we believe is unacceptable – emphasizes Agata Bielecka, president of SBM Ogrodowa.
– Due to the unclear wording of the easement in the land and mortgage register, after an unsuccessful attempt to reach an agreement with the owners of the plot, over a year and a half ago, we applied to the competent court for a decision in this case in order to clarify it. The date of the hearing has not been set so far – he adds.
The representatives of the cooperative have already familiarized themselves with the investor’s plans and have many concerns. As Bielecka lists, it is primarily about a vision of destroying a well-kept yard and disturbing the peace of residents during the implementation of the investment. A fire road runs through the yard and it seems that it may be the only way to provide access to the construction site. There are still doubts as to how such a load will be able to withstand the underground garage located under the yard. A problem in the future may also be the commuting of municipal services or collection of rubbish.
According to the cooperative’s estimates, the value of flats may decline and revenues from rental of premises may decline, as it will no longer be an attractive location for running a business.
– The management board and supervisory board of SBM Ogrodowa are in talks with the investor’s representatives. In the current version, the construction organization presented is unacceptable to us. The investor has been informed about our expectations and we are waiting for his response in this matter – Bielecka told our editorial office.
We asked the designer and the main investor about the details of the planned investment as well as issues related to the operation of the construction site and access to the property. Until our article was published, however, we did not receive any reply.
Blocks right under the windows
Recently, we also informed about the investment planned on Dzielna Street, where the developer wants to build a 12-story apartment building on a green square. The building would be built just a few meters from the existing block on Belotti. After the publication, a reader contacted us with the information that a similar situation could occur at Ogrodowa 49. The Starówka housing cooperative intends to build a new four-story block there on the square between the older property and the school playground. It is to be separated from the existing building by 6.9 meters. The case was described in more detail in “Gazeta Stołeczna” at the end of September.
Residents fear that they will lose access to sunlight due to the new investment. However, the district office did not find grounds for refusing the building permit, because the documents submitted by the investor show that everything is formally correct, and the shading indices are to be higher than the norms applicable in this area. The plot is located in the downtown development zone, so according to the regulations, in the case of one-room apartments there is no requirement for access to the sun, and in the case of larger premises, at least one and a half hours in one of the rooms is enough.
Despite numerous protests by the residents of Ogrodowa 49 against this investment, they have no influence on decisions in this matter. The district office received over 20 applications for recognition as a party to the proceedings. They have all been rejected.
The spokesman of the Wola district office explains in an interview with tvnwarszawa.pl that the reason for such decisions is the amendment to the construction law, which limited the rights of neighbors to influence the development of the immediate vicinity. The provisions changed the definition of the area of influence of the object, which translated into a narrower group of parties to the proceedings.
– Previously, virtually anyone who was affected by the new investment could become a party. And the impact itself was very broadly understood, it could be, for example, shading, noise or a change in the functioning of communication routes. Currently, it has been limited only to those people for whom the new investment limits the possibility of building their real estate – says Mateusz Witczyński.
Representatives of SBM Ogrodowa have announced that they will want to become a party to the proceedings in connection with the block planned on the plot at Ogrodowa 32A.
Change of regulations
The mayor of Wola, Krzysztof Strzałkowski, admits that the district authorities already have signals that there will be more investments in such “difficult” areas, because the demand for new apartments is constantly growing, and the amendment to the regulations has made the matter easier for developers.
– Many investors who, for fear of many years of lawsuits with their neighbors, refrained from building “seals” on such plots, decided to take advantage of these changes – he emphasizes. Let us recall that a “seal” is defined as a building situated on a plot of land between the existing buildings. Sometimes they are free-standing objects squeezed into an area closely surrounded by existing real estate, other times they fill the gaps between the buildings that make up the frontage.
According to Strzałkowski, the rulers were aware of the consequences of the amendment to the construction law. The mayor also accuses them of deliberately causing chaos. – Just as robbing Warsaw of billions of zlotys, with the help of the Polish Deal, is supposed to create the impression that local government officials are not coping, so limiting control over buildings, in their opinion, will have a similar effect – he claims. – Destruction of space for thousands of inhabitants, the rulers are throwing themselves into the costs. They know very well that failure to grant approval for investments in line with the new law on time may be costly for officials, he adds.
Main photo source: tvnwarszawa.pl