What formalities in the
light of the new regulations await us before the construction of a garage,
arbor, garbage, sheds and an outbuilding.
In July 2015, new
regulations of the Construction Law came into force. The amendment simplifies procedures
related to the preparation,
commencement and completion of small and uncomplicated investments. A change that certainly pleased many
investors is the extension and clarification of the construction dismissal in
relation to economic buildings erected on the construction plot and
accompanying residential and recreational buildings.
Facilities without a
building permit
At present, permits do
not require - it is enough to build construction plans - free-standing
single-storey outbuildings, including garages, gazebos (that is, buildings that
are not buildings and do not have permanent vertical divisions) and home
porches and orangery (so-called winter gardens) with an area building up to 35 m2 . However,
the total sum of these objects on the plot can not exceed two for each 500 m2 plot area. The previous law did not cover
garages, and also the smaller area of buildings and gazebos that did not require a permit -
it was only 25 m2 .
Obtaining a building
permit does not require any sheds (objects in the form of a roof supported by
pillars) with a building area up to 50
m2 , located on a plot of land
that houses a residential building or intended for residential construction. The total number of shelters on the
plot can not exceed two per 1,000
m2 of plot area. Previously, building permits were not
only required for sheds with a construction area of up to 25 m2 , but their total number could not
exceed two per every 500 m2 of the plot.
Under the new
Construction Law, the construction of some buildings not only does not require
a building permit, but we do not have to notify construction. These include gazebos and economic
facilities on plots of land in local gardens with an area of 35 m2 and up to 5 m for
steep roofs and up to 4 m for flat roofs.
Application procedure
Applications are made
before the start of construction works. It
is best to go to the appropriate architectural and construction administration
authority earlier, because the staroste or the president of the poviat's town
has 30 days to take an appropriate position. The
authority may, at the time of receipt of the notification, lodge an objection
by way of a decision. We can
start construction of the building (we have three years for it) if the body did
not object within 30 days.
If the application is
incomplete, the competent authority shall issue a decision in which it imposes
an obligation on the declarant to supplement it within a specified period. Exceeding the deadline results in
objections and interrupts the time limit. Only
after completing the application will a new 30-day deadline for filing an
objection be counted. The day of
sending the decision in the post office or the day of entering it into the
teleinformation system (in the case where we have consented to the delivery by
means of electronic communication) is considered the day of objection.
