Single-family houses without a building permit – announcement of changes to the building law

In preparing today’s article, we could not ignore what was probably the biggest surprise of last week, which was the announcement of further changes to the Construction Act, announced by the Ministry of Development and Technology at the conference on June 23, 2022, dedicated to the subject of free house designs up to 70m2

First of all, we would like to remind you that due to the amendment of the Building Act, from January 3, 2022, it is possible to build a detached, no more than two-storey, single-family house with a development area of ​​up to 70m without planning permission.2whose area of ​​influence lies entirely on the plot or plots on which it is designed, and the construction is carried out to meet its own housing needs. The above type of investment only requires a building notice, which is a much simpler process than obtaining a building permit. Of course, we covered this topic in more detail in our articles #63 and #71.

These are the designs of such single-family homes with a construction area of ​​up to 70 m22 from June 23, 2022 you can find it on the website of the Headquarters of Construction Supervision and use it for free when building a house without a building permit (link to the website: https://www.gunb.gov.pl/projekty-architektoniczno-budowlane ).

Surprisingly, however, was another information from Minister Waldemar Buda, who announced that in the context of the continuation of the policy of simplification and deregulation of administrative procedures in the construction of single-family homes changes are planned to completely eliminate the requirement to obtain a building permit when undertaking investments to meet own housing needs† The changes must be first and foremost on the removal of the criterion regarding the maximum construction area, which is currently 70m . is2

In addition, the Minister has indicated that the construction of homes for private occupancy does not require approval of the architectural and constructive design and the plot or land development design by the government and that approval for use will take place in accordance with a simplified procedure for putting into use. of single-family homes. Interestingly, if the construction area of ​​​​such a house is 70m . would exceed2, then the investor will be obliged to appoint a construction manager. So much has been communicated and we are certainly waiting for the details of the changes.

According to the minister’s information, the amending act would already be adopted this autumn, while it would enter into force on January 1, 2023.

At the same time, we would like to point out that even for an investment that does not require a building permit, in the absence of a local spatial development plan, a decision on the building conditions and spatial development must be obtained in advance, which will ensure proper and legal implementation of the construction. enable. The body must make such a decision within the legal time limit of 21 days from the date of submission of the application.

At this point, we would like to point out that, despite the planned change in the size extension of single-family homes, which will not require a building permit, it should be borne in mind that any investment must comply with the requirements set out in the Building Act and in the local spatial development plan, and in the absence thereof in the adopted decision on the construction conditions. It is also worth remembering about the regulations related to the protection of the environment or agricultural and forest land, which, depending on the case, may impose additional conditions for the implementation of the investment, even for a single-family house with a development area up to 70 m2

Of course we don’t have access to a specific project yet, so the above information is based on information from the Ministry, which is subject to change. The government’s direction in reaching individual investors is undoubtedly apparent. However, the question arises whether such far-reaching deregulation not only disrupts spatial planning, but also poses major threats from the lack of control over planned investments.

At the same time, we would like to remind you that Thursday – June 30 is the last day for developers to start selling and sign at least one development agreement to make investments under the current developer law.

Finally, very important information. On June 27, 2022, the Regulation of the Minister of Development and Technology of June 21, 2022 was published. on the percentages used to calculate the amount of the contribution to the Development Guarantee Fund† The content of the scheme is in line with the concept and the percentages used to calculate the amount of DFG contribution owed by a developer who:

  1. open escrow account – 0.45%;
  2. closed escrow account – 0.1%.

The scheme will come into effect on 1 July 2022.

This article is informational and does not constitute legal advice.

Legal status as of June 27, 2022

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