This week we have prepared an alert for you about the amendment to the Construction Law, in which we present a list of investments that do not require a building permit and are only subject to the notification obligation.
The presented list is another result of changes in the construction process intended to simplify the construction process, where the legislature has taken steps to clarify and expand the list of investments subject to the simplified procedure. For construction works whose implementation does not require a building permit and is subject only to the obligation to report the completion of the works in question, the list is contained in Article 29, Section 1 and Article 29, Section 3 of the amended Building Law.
The list of investments that do not require obtaining a building permit but only submitting an appropriate notification is relatively long, so we have selected those that we encounter most often in our practice and they include the construction of:
- detached single-family residential buildings whose impact area is entirely within the plot or plots on which they were designed;
- (a) power networks with a rated voltage not higher than 1 kV, (b) water supply networks, (c) sewage networks, (d) heat networks, (e) gas networks with a working pressure not higher than 0.5 MPa;
- temporary construction works that are not permanently connected to the ground and are intended to be demolished or moved to another location – within the time limit specified in the notification, but no later than 180 days from the date of commencement of construction specified in the notification;
- detached: (a) single-story farm buildings, (b) garages, (c) sheds – with a building area of up to 35 m2 , and the total number of these facilities on the plot may not exceed two per 500 m2 of the plot area;
- home: (a) porches, (b) orangeries (winter gardens) – with a building area of up to 35 m2 , while the total number of these facilities on the plot may not exceed two per 500 m2 of the plot area;
- parking spaces for passenger cars up to 10 spaces inclusive, located in the Natura 2000 area;
- fences over 2.20 m high;
- ground terraces next to the house with a built-up area of over 35 m22;
- connections: (a) electricity, (b) water, (c) sewage, (d) gas, (e) heat, (f) telecommunications – subject to Art. 29a; the construction of connections requires the preparation of a site plan on a copy of the current base map or unit map included in the state geodetic and cartographic resources;
- charging stations, within the meaning of Art. 2 point 27 of the Act of 11 January 2018 on electromobility and alternative fuels, excluding charging infrastructure for public road transport within the meaning of Art. 2 point 3 of that Act;
- small architectural objects in public places.
In addition, attention should also be paid to the amended catalogue of renovation works or works involving the reconstruction of existing buildings, the most important of which, in our opinion, are:
- reconstruction of external partitions and structural elements of single-family residential buildings, provided that it does not lead to an increase in the area of impact of the facility beyond the plot on which the building is located;
- reconstruction involving the insulation of buildings with a height exceeding 12 m and not exceeding 25 m;
- reconstruction of renewable energy installations with a total installed electrical capacity of no more than 1 MW using hydropower to generate electricity within the meaning of the Act of 20 February 2015 on renewable energy sources.
- renovation of buildings whose construction requires obtaining a building permit;
- renovation of buildings whose construction requires obtaining a building permit – in terms of external partitions or structural elements;
- installation on buildings that constitute or do not constitute the entire technical and operational structure of devices, including antenna support structures and radio communication installations, as well as accessories and power supply devices related to these devices, with a height exceeding 3 m;
- installation of advertising boards and devices, with the exception of light and illuminated advertisements located outside built-up areas within the meaning of road traffic regulations;
The amendment seems to have systematized the discussed issue in this respect as well. However, there is no doubt that practice does not always follow the legislature's intended direction. Therefore, if you have any questions, we are here to help.
As every week, we invite you to follow our articles regularly: last week we wrote about what can be built without a permit and building permit, and next week we will show you how to legalize unauthorized construction after the amendment.
This material is for informational purposes only and does not constitute legal advice.
author:
series editor:
