As a result of the changes made Act dated 17 September 2021 amending the Act – Building Law and the Spatial Planning and Planning Act, from the date 3 January 2022 investors planning to build a building with a construction area to 70 m2 will be able to carry out such an investment without the need to obtain a construction permit.
In the light of the newly introduced provision Article 29(1)(1a) Act dated 7 July 1994 – Construction law, construction of free standing, no more than two-storey single-family housing with a building area to 70 m2, where the area of influence is entirely on the plot or plots on which they are designed and the construction is carried out to meet the investor's own residential needs does not require a decision on the construction permit, but requires the notification in question under Article 30 that bill.
The most noticeable advantage of the changes is the reduction in formalism and the shortening of the period preceding the start of construction – the expected deadline for the granting of a construction permit by the authority, which in this case the investor does not have to obtain at all, is 65 days
Conditions for exemption from the obligation to obtain a construction permit
Criterion of the planned building surface, which extends to first But the plan is not the only one. In addition to the condition of a building area not exceeding 70 m2, Whereas, in order to be exempted from the obligation to obtain a construction permit, the planned building must fulfil together also other conditions, i.e.:
- be a free-standing, residential and single-family building, maximum two-storey building,
- its construction must be carried out in order to meet the investor's own residential needs,
- its area of impact must be entirely on the plot or parcels on which it is designed.
If the planned building meets the above criteria, the investor is not obliged to obtain a construction permit.
However, the construction of such a building will require the investor to submit the construction to the competent body of the architectural and construction administration, specifying the type, scope, place and manner of the construction work and the date of their commencement.
For such construction only, it was also stipulated that the investor's declaration that the planned construction is carried out in order to meet his own housing needs (substantially criminalised for the submission of a false declaration) and that the investor's statement that he assumes responsibility for managing the construction in the event of failure to appoint a construction manager and that the documentation attached to the notification is complete.
Important for the investor, this type of construction can be undertaken after the notification has been served on the competent authority.
In addition to the basic facilities for investors to exempt the construction of a building with a construction area to 70 m2 from the obligation to obtain a construction permit, the Amending Act also provided for other facilitations. In particular, such construction is not subject to the obligation to establish a construction manager.
In view of this type of construction, the waiting period for the decision on the building conditions has also been shortened, such a decision should already be issued within the time limit 21 days.
Benefits for investors
The most noticeable advantage of the changes is the reduction in formalism and the shortening of the period preceding the start of construction – the expected deadline for the granting of a construction permit by the authority, which in this case the investor does not have to obtain at all, is 65 the days, and in the event that the property is not covered by the local spatial planning plan, the investor will also be expected to issue a decision on the terms of the construction. However, an important element, which certainly reduces investment costs, is the lack of an obligation to establish a construction manager.
However, these simplifications will benefit investors who decide to build after the entry into force of the amending law. Namely, for building with a construction area to 70 m2, for which before the day 3 January 2022 the decision on the construction permit has already been issued or the application has been made, the existing provisions shall apply, in turn to the procedures for the decision on the construction permit or the notification of the construction of such buildings, initiated and not completed before the day 3 January 2022, the provisions of the existing version (but in the scope of the Act – Construction Law) also apply.
Author: Oliwia Wójcik. Lawyer. Graduated from the Faculty of Law and Administration at Maria Curie-Skłodowska University in Lublin and Postgraduate Studies of the Legal and Economic Fundamentals of the Investment Process organized by the Warsaw School of Economics. Its professional interests are economic law, with particular emphasis on the law of commitments. He also has practical experience in conducting litigation.