This week we have prepared for you issues related to the amendment to the Construction Law related to changes concerning significant deviations from the approved plot or land development plan and architectural and construction design or other conditions of the building permit decision and the procedure for their legalization.

First, it's important to revisit the changes in the Construction Law regarding the list of works that require a building permit for the entire construction project or a re-notification . As a reminder, this list includes the following investments:

1. detached single-family residential buildings whose impact area is entirely within the plot or plots on which they were designed,
2. networks: electricity with a rated voltage of no more than 1 kV, water, sewage, heat and gas with a working pressure of no more than 0.5 MPa,
3. detached single-story buildings of transformer stations and container transformer stations with a building area of ​​up to 35 m²,
4. 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,
5. installing gas installations inside and outside the building.

In addition, the catalogue of significant deviations from the approved plot or land development plan or architectural and construction plan or other conditions in relation to which a change is required only within the scope of the deviation made , and it includes changes:

1. a plot or area development plan, if the area of ​​impact of the facility is increased beyond the plot on which the building was designed,
2. characteristic parameters of the building, in particular:
   • height, length or width in excess of 2%,
   • number of storeys,
3. conditions necessary for the use of the building by disabled persons,
4. changes to the intended use of a building or part thereof,
5. provisions of the local spatial development plan, other local legal acts or decisions on the conditions of development and land development,
6. requiring the obtaining or changing of decisions, permits or agreements that are required to obtain a building permit or to submit a notification.

The legislator has excluded the application of the provision concerning a significant deviation from an approved plot or land development plan in the event of an increase in the impact of the structure beyond the plot on which it was designed, if this applies to building equipment and small architectural features . In this respect, the deviation will not be considered a significant deviation .

Moreover, in relation to the works described above, which require the submission of a building permit application for the entire construction project or re-notification, the legislator has made certain simplifications by recognizing that in certain cases the designer's obligation to qualify the nature of the deviation is also excluded. These cases include:

1. the designed fire protection conditions, if a deviation has been agreed in terms of fire protection,
2. requirements contained in the permit of the relevant conservator of monuments issued on the basis of the provisions on the protection and care of monuments, if the waiver has been agreed with the relevant provincial conservator of monuments,
3. planned hygiene and health conditions, if the deviation has been agreed with the relevant state provincial sanitary inspector.

It should be remembered that, within the meaning of the Building Law, consent to a derogation is granted or refused by the relevant architectural and construction administration body.

We invite you to follow our articles regularly: last week we wrote about the technical design, and next week we will introduce you to the topic of changing the definition of the facility's impact area, i.e. who will be the party to the proceedings after the amendment to the Construction Law.

Download the table containing the changes

This material is for informational purposes only and does not constitute legal advice.

author:

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Dr. Joanna Barzykowska

Attorney, partner
+48 502 677 504 | j.barzykowska@kglegal.pl