BIGGEST changes in the Polish Building Law in 2015

Did you know that on June 28^th, 2015 the amendment of the Building Law has come into force. Legislative changes contained in the Draft amendment define the legal basis that enables an implementation of the government program of public financing for rental housing already in 2015. The amendment to the Act aims to simplify and speed up the construction process for most building investments.

We have picked the most significant changes to the Building Law that might be interesting for everyone and would like to present it to you.

Permits for the construction and reconstruction of a detached house is cancelled

The change will apply to buildings that does not violate the border of neighbors. Those are buildings, whose area of influence does not extend beyond the boundaries of the homestead covered by the investment. A permission is no longer demanded – only an application for building and a construction project are necessary, as well as documents that are usually required to get a permit for building construction. The project must comply with the Zoning. If within 30 days the supervisor will not raise any objections – the construction can be started. So far, the waiting time for approval was approx. 60 days, and in big cities it lengthened by up to 3 months.

Building permits are issued when the investor decides that it is better for him

This change concerns only situations when investor is the only side of the procedure of the construction project approval, as well as the issuing of the building permit. According to the amendment, the investor will gain at least 14 days of time.

More building objects are put into use only on the basis of an application

The use permit is no longer necessary to put into use certain building objects, which were included into a catalog. Inter alia, there are craft workshops, garages for five places, parking lots, service stations, storehouses, car washes, fishponds, storages, parking yards, and railway buildings in the catalog.

The obligation to notify a planned date of the start of construction works is closed out

Currently an investor is obliged to report about upcoming construction works to the building inspection in 7 days before the planned start. Most executors admitted that it was a very burdensome obligation; therefore a decision to liquidate it arose.

Fewer formalities connected with the project

A list of mandatory elements for the construction project will be limited to a minimum. The amendment will lead to the abolition of a duty to attach statements about: ensuring the supply of energy, water, heat, gas, sewage disposal, as well as about conditions of connecting the facility to the systems of water supply, sewage, heating, gas, electricity, telecommunications. An order to provide a declaration of the road administrator about a possibility to connect a public road with the plot, where the object will be placed, also will be abolished.

Reduction of time for the “tacit agreement”

Lack of objections from administration regarding the use of a facility is also called tacit agreement. Duration time of this agreement is now reduced to 14 days instead of previous 21. The amendment provides the possibility to apply for the redemption of legalization fee or paying it in installments for making illegal construction.

In conclusion, it should be added that the project doesn’t foresee changes of the existing rules for determining a legalization fee, and does not liberalize requirements to investors in the process of legalization of illegal constructions.

Please feel free to contact us with any questions on the topic at biuro@trebbipoland.com 
Author: Anastazja Gryszczuk