In today's article, we continue the topic from a few weeks ago ( #63 ), in which we discussed proposed changes to the Construction Law presented as part of the "Polish Deal" program. We are returning to this topic because on September 17, 2021, the Sejm adopted the Act amending the Building Law and the Act on Spatial Planning and Development ("Act"), in which the original assumptions were subject to further changes.

Comparing the first draft with the adopted Act, it should be noted that the limit on the maximum usable floor area of ​​a building, which was originally intended to be 90 ^m² . Currently, this applies to single-family residential buildings: detached , no more than two stories high, with a building area of ​​up to 70 m² ^, whose impact area is entirely within the plot or plots on which they were designed (which is what the impact area means, as explained in #9 ). In practice, this means that the usable floor area could be approximately 140 m² ^, or even more if the investor designs, for example, mezzanines.

At the same time, a new condition has been introduced: that the construction of such a house "is being carried out to meet the investor's own housing needs ." Such a declaration will be attached to the construction notification (we wrote about the notification procedure in #63 ) and will be submitted under penalty of perjury. Furthermore, the investor will not be required to maintain a construction log, and if a construction manager is not appointed, they will be required to assume responsibility for managing the construction.

Another element intended to expedite the procedure is the exclusion of the architectural and construction administration authority's authority to review the notification and raise objections. This will mean that construction work can commence on the date the construction notification is delivered to the competent authority. Consequently, any legal inconsistencies in the submitted notification will be verified only after the works are completed, at the construction completion notification stage, immediately before occupancy. Therefore, it is possible that correcting these irregularities may be more costly than if they were detected at the notification stage.

Regarding the amendment to the Spatial Planning and Development Act, it should be noted that the Act stipulates that the deadline for issuing a decision on development conditions (where a local development plan is not applicable) for this type of single-family home will be 21 days . Furthermore, the Act explicitly states that the applicant will be the sole party to such proceedings, meaning that neighbors will not be notified and will not be able to participate in the proceedings leading to the issuance of such a decision on development conditions. It remains to be seen whether this deadline will be met.

To sum up, the next stage is the consideration of the bill by the Senate, which is scheduled for October 7 and 8, 2021. Therefore, this is not the final version of the regulations – however, the changes are so interesting that we decided to describe them and we will keep you informed about their final wording.

Next week we will be starting a new series of articles in which we will try to familiarize you with the issues of real estate in the context of the Act on the Protection and Care of Monuments.

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

Dr. Joanna Barzykowska

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