Single-family houses without planning permission – from 2023 • obido

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In this article you can read which changes regarding the construction of a house without a permit will be announced for 2023. We also indicate which rules apply to houses without a building permit without built-up area.

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Property on request without restrictions in built-up areas

One of the elements of the “Polish Lad” socio-economic program is the possibility of building without a permit a single-family house with an area of ​​up to 70 m², implemented from January 3, 2022. Despite the initial enthusiasm, in the first six months of the year, less than 400 such houses were built – the data was provided by the Deputy Minister of Development and Technology, Piotr Uściński.

Please note that unlicensed houses up to 70 m², as the name suggests, can be built without planning permission. In addition, according to the amendment of the Building Act and the Spatial Planning and Development Act (Government Gazette 2021, item 1986), it is not necessary to employ a construction manager or keep a construction logbook.

Therefore, it is only obligatory to submit an application to the poviat bureau or municipal office. This scheme relates to an annual house and an individual recreation building, also called a summer house. The facility must comply with the local spatial development plan.

During his speech, Waldemar Buda (Minister of Development and Technology) announced that further changes are expected from January 2023 – no more permits for the construction of single-family homes, regardless of the space they have.

Building a house without a permit – rules

From 2023, a building permit for a single-family home will probably no longer be required. Responsibility for the implementation of the facility of more than 70 m². it will mainly rest with the architect who will create the project and the manager whose job it is to oversee the construction. The Office will only act as arbitrator in exceptional circumstances.

Different rules apply to building a house without a permit. First of all, the house you are building must be intended for your own residential purposes, not for sale. In addition, the facility may have a maximum of two floors – different combinations are allowed here, for example ground floor with basement, ground floor with usable attic, ground floor or two full floors. The legislator also specifies that a building permit is not only required for detached single-family homes whose impact area is entirely located on the plot(s) on which they are designed. (Article 29 (1) (1a) of the Law of 7 July 1994).

The lack of a building permit for a house does not mean a complete lack of formalities in the building process. In this case it is necessary to:

  • a decision on development conditions or a local spatial development plan,
  • card for design purposes,
  • geotechnical advice,
  • construction design (land development design, architectural and structural design, engineering design).

The construction manager remains obligated, his task will include: completion of the project consisting in the confirmation of the willingness to occupancy by the construction manager.

It is worth noting that among the buildings for which no planning permission or even notification is required, there are also detached single-storey outbuildings of up to 35 m². for example, garages, arbors, verandas or winter gardens, where the total number of facilities in this category should not exceed two per 500 m². plot area.

Can the house be sold for registration?

The regulations that make it possible to build a house without a permit should facilitate people who want to provide for their own housing needs and the declaration of this is made under criminal liability. However, this regulation leaves some ambiguities, there is no clause on the prohibition of rental or sale. The statement must only be correct at the time of applying for an application.

House without a permit, up to 70 m².  does not require a site manager

It does not mean that such a house cannot be sold. Certainly when your home or personal situation changes, it is possible to sell your home on request. This regulation is intended to limit abuses by companies that professionally build owner-occupied homes.

Residential projects without a permit

Until now it is possible to build a house with an area of ​​up to 70 m² without a permit. went hand in hand with the basics of free home design as a result of a competition organized by the Central Bureau of Construction Supervision. The current database offers projects that meet the requirements of a house without a building permit, up to 70 m². The abolition of the construction area limit is unlikely to generate new, free projects.

Many websites offer ready-made home designs with very different features. This makes it easy for everyone to find a project that is tailored to their own needs and expectations.

Keep in mind that even turnkey home designs in accordance with the local plan usually require customization. Although the design may be optimal for a large group of recipients, individual preferences should be taken into account. There are many possible and minor changes to the project – some require proper permits, others can be made without additional consultation.

Single-family houses on request – advantages

Current regulations provide for the possibility of independent implementation of the project, the construction area of ​​which does not exceed 70 m², which in practice saves time and money. Larger buildings will also not be notified in the near future. The need to keep a construction log is eliminated and the time-consuming procedure for obtaining a building permit is replaced by a small formality – to start building a house, you only need to file a notification with the building engineer and construction administration. In addition, the acceptance procedure has been simplified – it is the construction manager who confirms that you are ready to move in.

Residence without a permit, in accordance with the provisions of the local spatial development plan

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