When preparing today's article, we could not miss probably the biggest surprise of last week, which was the announcement of further changes to the Construction Law announced by the Ministry of Development and Technology during a conference on June 23, 2022, devoted to the topic of free house designs up to 70 m2.2.
First, we would like to remind you that, due to changes in the Building Law, as of January 3, 2022, it is possible to build a detached, two-story, single-family residential building with a building area of up to 70 m² without a building permit , if the building's catchment area is entirely within the plot or plots on which it was designed, and if the construction is carried out to meet the building's own housing needs. This type of investment only requires a construction notification, which is a much less complicated process than obtaining a building permit. We, of course, covered this topic in more detail in our articles # 63 and #71 .
Designs of such single-family houses with a building area of up to 70 m2 can be found on the website of the General Office of Building Supervision from June 23, 2022 and used free of charge when building a house without a building permit (link to the website: https://www.gunb.gov.pl/projekty-architektoniczno-budowlane ).
However, another piece of surprise came from Minister Waldemar Buda, who announced that, as part of a continued policy of simplifying and deregulating administrative procedures for the construction of single-family homes, changes are planned to completely eliminate the requirement to obtain a building permit for investments intended to meet one's own housing needs . The changes will primarily involve removing the criterion for maximum building area, which is currently set at 70m² .
Additionally, the Minister indicated that building houses for private residential purposes will not require approval of the architectural and construction design or land development plan by the relevant authority, and that occupancy approval will be granted under a simplified procedure for single-family houses. Interestingly, if the building area of such a house exceeds 70 square meters , the investor will be required to appoint a construction manager. This much has been communicated, and we are certainly awaiting details of the changes.
According to information provided by the minister, the amending act is to be adopted in the autumn of this year and would enter into force on 1 January 2023.
At the same time, we would like to point out that even for investments that do not require a building permit, in the absence of a local zoning plan, a decision on development and spatial development conditions must be obtained in advance, which will ensure proper and legal construction. The authority should issue such a decision within the statutory deadline of 21 days from the date of application submission.
At this point, we would like to point out that despite the planned change to expand the size of single-family buildings, for which a building permit will not be required, it is important to remember that each investment must meet the requirements specified in the Building Law and the local zoning plan, or in the absence thereof, in the established decision on development conditions. It is also worth remembering the regulations related to environmental protection or agricultural and forest land, which, depending on the case, may establish additional conditions for the implementation of the investment, even for a single-family building with a building area of up to 70 m2.2.
Of course, we don't yet have access to any specific project, so the above information is based on information from the ministry, which is subject to change. The government's intention to address individual investors is undoubtedly evident. However, the question arises whether such far-reaching deregulation will not only disrupt spatial order but also pose greater risks related to a lack of control over planned investments.
At the same time, we would like to remind you that Thursday, June 30, is the last day on which developers can start sales and sign at least one development agreement in order to be able to implement investments based on the current development act.
Finally, some very important information. On June 27, 2022, the Regulation of the Minister of Development and Technology of June 21, 2022, regarding the percentage rates used to calculate the contribution to the Developer's Guarantee Fund . The content of the regulation is consistent with the draft, and the percentage rates used to calculate the contribution to the Developer's Guarantee Fund due from a developer with:
- open housing escrow account – 0.45%;
- closed residential escrow account – 0.1%.
The regulation will enter into force on 1 July 2022.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of June 27, 2022
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