Unlicensed homes went beyond the statistical error

Unlicensed homes went beyond the statistical error
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In 2021, Poles started building 3,196 single-family homes without applying for a building permit, but only on the basis of an application. Although this is the best result in four years, their share of new-build single-family homes still does not exceed 3%. and only slightly higher than the statistical error rate.

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Last year was a record year for the construction of single-family homes. For the first time in history, individual investors have started construction of more than 100,000 m². houses (106,068 and + 17.5% y/y). Compared to 2020, the number of construction projects started based on a notification has increased even more, so you don’t have to hire an administrator and you don’t have to keep a construction log. During 2021, Poland started the construction of 3,196 single-family homes in this way, which translated into an increase of 67%.

Most in three years, but still not much

Although the share of houses built without a permit was the highest in three years, reaching 35 meters until last year, it still fell short of the pre-2018 level and did not exceed 3%. By way of comparison: in 2016, almost 5.4 thousand homes were built solely on the basis of applications. (5.5%), in turn, the construction of less than 5,000 units had started in this way a year earlier. homes, which translated into a share of 6% in the number of construction of single-family homes that started.


Nearly every fourth construction on the basis of the report has taken place in Masovia (716 construction sites). The threshold of two hundred houses, construction of which began without a permit, and on the basis of the notification, was registered in the province. Greater Poland (511), Pomerania (412), Świętokrzyskie (225) and Silesia (265). In comparison, only 28 such construction projects were registered in Podlasie, 31 in the Lublin region and 47 in Warmia and Mazury.

Given the proportion of this type of construction among all the construction of single-family houses started, the least frequent decisions were made in south-eastern Poland, and more specifically in the following voivodeships: Lubelskie, Podkarpackie, Podlaskie and Małopolskie, where the proportion of this type construction amounted to no more than 1%. At the other extreme, there is the więtokrzyskie province, where the ratio was 6.1 percent.

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“Polish order” a relaxation? Not necessary

Regulations that have been in effect for nearly two months now should significantly increase these numbers. In the “Polish order” it was possible to build houses twice as large – houses 70 meters high, only on the basis of a permit. Removal of the existing restriction in the form of 90 m². However, the maximum usable area will mean that a two-storey house that is built solely on the basis of a notification without any control, can in fact measure up to 140 m². and additionally enlarged by a mezzanine.

However, experts are under no illusions that the new regulations are most likely not going to translate into a construction boom, as they are only a partial facilitation and present significant barriers to potential investors.

According to the provisions of the “Polish Ordinance” it is possible to build a house with a maximum construction area of ​​70 m² without a permit. it is intended to serve only individual investors who are building to meet their own housing needs. If, contrary to the statement, the investor does not live in the house that was built on the basis of the report, he risks a prison sentence of up to eight years.

However, the law does not specify how long such an intention must exist and thus how long the investor will have to live in a house built without permission.

Equally important, according to experts and builders, houses built in this way could be dangerous in the future.

– This solution must be judged very negatively. Houses with an area up to 200 m². built without any control, they will increase spatial chaos in municipalities and could endanger the environment – judged Sebastian Juszczak, lawyer of the Polish Association of Developers, even before the new regulations came into effect.

According to Mariola Berdysz, director of the Wszechnica Budowlana Foundation, the risk could also be that the architecture and construction authorities have no control, both at the design stage and during construction. The construction notification is currently based solely on the investor’s declaration that construction will be carried out in accordance with art.

Compared to the existing regulations, the number of parties that participate in the procedure is also limited. Among other things, neighbors who were only informed at the time of the start of construction. If there is a caveat that the investment could adversely affect their property, they cannot object. These can only appear if the house that was built without permission is already standing.


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