Soon we will be able to
start construction of a single-family house soon. The modified amendment of the
Construction Law is to make life easier for individual investors. Building a house without a permit is a
matter of time. What changes will
be brought by the amendment of building regulations? Construction of a single-family house
will not require obtaining a building permit, formal requirements will be
reduced, and official deadlines will be shortened.
Construction of a house
without a building permit
The amendment to the
Construction Law abolishes the requirement to obtain a permit for the
construction or reconstruction of a single-family home. This solution applies to buildings
whose area of impact will not extend
beyond the area of the plot (or plots)
covered by the investment, i.e. a situation in which the house is not
burdensome for neighbors. In such
cases, it is only required to submit a construction with a building project and
to attach documents required under the building permit procedure for this
building. The staroste will have
30 days for possible objections.
Area of influence
The new law, thanks to
which it will be possible to build a house without a permit, will introduce the
obligation to determine the area of impact of the building in the construction project. The method of its determination can be
arbitrary. The area of influence of the object is the area
designated in the vicinity of the building object on the basis of separate
regulations, introducing restrictions related to this object in the development
of the area. It will be in the
interest of the investor to determine the area of impact of the investment only to
the plot on which the house is to be built - the neighbors will not be
considered parties to the proceedings. Otherwise,
if the owners of neighboring properties are considered parties to the
proceedings, they will have, among others, insight
into the documentation, and moreover, they can challenge the decisions issued. They can affect the construction of
our house. The area of impact of the object is defined by
the architect or designer who performs the construction project. In this respect, he will have to
interpret common law provisions that allow for making an unambiguous
determination of the area of the building's impact.
Building a house without
a permit - other facilities
When the new
Construction Law enters into force, the investor will not have to attach to the
construction design statements on energy, water, heat and gas, as well as the
conditions of connection to water supply, sewage, heat, gas, electricity,
telecommunications and statements of the competent administrator roads with the
possibility of a public road (with the exception of national and provincial
roads, for which such arrangements will still be necessary). Meeting the conditions regarding the
connection to the media by the building will be verified at the stage of
notification of the date of commencement of construction works. Building a house without a permit will
also involve the abolition of the obligation to notify about the intended date
of commencement of construction works. Until
now, the investor had to notify construction supervision at least 7 days before
the planned commencement of works. In
the case of formal deficiencies in the application for a building permit, the
administrative body will have to call on the investor to complete it within 14
days from the date of submitting the application. Until now, there was no deadline.
