In today's edition of the "Tuesday Mornings for Construction" series, we've prepared a brief summary of two proposed changes to the law that were introduced in September. As a point of interest, we're also sharing a summary of the "Construction Traffic in the First Half of 2024" report, based on a study by the General Office of Building Control.
Draft amendments to the Development Act
We wrote about the ongoing work at the Ministry of Development and Technology on the draft amendments to the Act of 20 May 2021 on the protection of the rights of purchasers of residential premises or single-family houses and on the developer guarantee fund, regarding the DOM Portal - i.e. the Housing Trading Data Portal - last week #221, so we encourage you to read the entire article.
At this point, however, we would like to point out that, according to the presented project, the developer will be responsible for submitting additional data to the DFG system, including: i) the type of property subject to the contract, by specifying the residential unit or single-family home; j) the price of the residential unit or single-family home covered by the contract; k) the usable area of the residential unit or single-family home covered by the contract and the area of the property built with the single-family home covered by the contract; l) the number of rooms in the residential unit or single-family home covered by the contract; m) the above-ground floor of the building on which the residential unit covered by the contract is located; n) the number of above-ground floors and the number of underground floors of the building in which the residential unit covered by the contract is located. Depending on the type of data, failure to provide data or information, or providing data or information that is inconsistent with the facts, will be subject to a fine, restriction of liberty, or imprisonment for up to two years.
It is also worth mentioning the final provision, which will oblige developers to submit data to the DFG within 14 days from the date of entry into force of the amendment, in relation to data from contracts concluded before its entry into force.
You can follow the changes on the RCL website: https://legislacja.rcl.gov.pl/projekt/12389503
Draft changes to technical conditions
Even before the amendments to the regulation on technical requirements for buildings and their location (hereinafter referred to as the "WT Regulation") came into force in August, introducing a package of changes known as the "stop patodeveloperce" (a development ban), a draft of another amendment concerning playgrounds had already been published. In September, a summary of comments following public consultations and reviews was published.
In principle, the project's authors plan to make changes to facilitate their implementation by introducing exemptions from the obligation to build playgrounds in situations specified in the project, including when there is another publicly accessible playground nearby or when the playground is being built on a plot other than the building or complex of buildings under construction (provided that the conditions specified in the WT regulation are met). In the latter case, the project's authors intend to introduce a change that "other building plot" refers to a plot owned by the State Treasury or a local government unit.
You can follow the changes on the RCL website: https://legislacja.rcl.gov.pl/projekt/12387401/katalog/13071107#13071107
Construction Traffic in the first half of 2024.
According to a study prepared by GUNB, looking at building permits, more of them were issued than in the same period in 2023. Moving on to the numbers, a total of 69,212 decisions were issued in 2024, including 42,799 for residential buildings (single- and multi-family), while in the first half of 2023, 65,070, including 37,312 for residential buildings.
The largest number of permits were issued in the following voivodeships: Mazowieckie, Małopolskie and Wielkopolskie, while the fewest in Opolskie and Lubuskie.
In terms of construction notifications, during the period under review, 775 notifications were submitted for the construction of 779 single-family buildings up to 70 m², and 930 notifications for the construction of 938 single-family buildings. This represents a total of 1,717 registered single-family buildings.
In terms of approvals for use, there was an increase in the number of multi-family buildings, of which there were 3,061 compared to 2,633 in the first half of 2023, but a decrease in the number of single-family buildings, of which 42,857 were delivered, compared to 55,443 in the first half of 2023.
The entire study is available at: https://www.gunb.gov.pl/sites/default/files/attachment/ruch_budowlany_i_polrocze_2024.pdf
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 30, 2024
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