What to do to build a house without formalities? – Ministry of Development and Technology

What to do to build a house without formalities?

26/01/2022

From January 3, 2022, owners of building plots can build a house up to 70 m² in a simplified procedure. Below we present the most important information and dispel doubts related to the construction of “houses without formalities”.


Who can build a house up to 70 m²?

  • Any adult, regardless of their social status, can build a house with a built-up area of ​​up to 70 m² in a simplified procedure.
  • It can do so, provided that the investment provides for its own housing needs.
  • This solution is intended for individuals as well as for couples and families with children, ie for anyone who has the right to use real estate for construction purposes.

What are the basic principles of this construction investment?

  • Thanks to the new law, it will be easier than before to build a single-family home.
  • To build such a house, you do not need to hire a construction manager or keep a construction log. However, if the investor does not have such competences, he can still use the services of such a person.
  • If there is no local spatial development plan, please contact the competent municipality or city authority, who will issue a document on the development conditions within 21 days from the date of submission of the application.

What is the simplified procedure?

  • The possibility for the construction and construction administration to object to the construction notification of the investor is excluded.
  • Construction may start immediately after delivery of the construction notification to the construction and construction administration and notification of the construction supervision inspector of the police about the start date of the construction work.
  • There is no need to hire a construction manager or keep a construction book.

What steps should I take to take advantage of this program?

Before the investor starts building a house, up to 70 sq.m. must collect and sign all necessary documents.

  1. First, the construction of the house must be reported to the poviat staroste, along with the construction project and the standard documents required to date. The notification must also be accompanied by:
  • a plot or land development design and an architectural and architectural design on paper (in 3 copies) or in electronic form – together with advice, agreements, permits and other documents of which the obligation to be attached derives from the provisions of separate deeds, or copies of these opinions, agreements, permits and other documents,
  • a statement of the right to use the property for construction purposes,
  • a decision on the building conditions and land use, if this is required in accordance with the provisions on town and country planning and development.

These documents can be:

  1. These documents must be accompanied by statements that:
  • the planned construction is carried out to meet one’s own housing needs (a declaration filed under penalty of criminal liability),
  • if the construction manager is not appointed, the investor himself takes over the responsibility for the management of the construction,
  • the documentation accompanying the building application is complete.
  1. The construction supervisor must then be informed of the intended start date of the construction work.

Now you can start building a “house without formalities”.

Clarification of inaccuracies

Below we explain the inaccuracies that occur in normal circulation.

A house built according to the simplified procedure cannot be sold or rented out.

  • The law does not contain regulations specifying the conditions for the sale, sale or rental of such real estate. It is therefore possible to transfer the ownership of such a home to, for example, children or other persons. The requirement to provide for one’s own housing needs is met.
  • House up to 70 m² you can also sell or rent.

I can’t build a house up to 70 m². in an area that does not have a spatial development plan.

  • In such a case, a zoning plan must be obtained, which is issued by the competent municipality within 21 days from the time of submission of the application for a house built according to a simplified procedure.

If the owner’s material or life situation changes and he has to sell the house he has built, can he? Does he have legal ramifications?

  • If the material or life situation of the owner changes, he can sell this type of property. However, under penalty of legal liability, he must submit a statement that the planned construction is being carried out to meet his own housing needs, which are aimed at combating market abuse.

Should the house built under the program be inhabited “for life”?

  • There is no such need. The owner can use the house he has built up to 70 m². for the rest of your life. He can also sell it at any time.

Is it possible to verify the correctness of work during construction according to a simplified procedure?

  • Yes. At any time during the implementation of the investment, but also after its completion, the relevant building supervisory authorities can check whether the house is up to 70 m². was established in accordance with the provisions of the Building Act and Spatial Planning. In the event of irregularities, these authorities will take appropriate legal action.

How should the term “persons who have the right to use immovable property for construction purposes” be understood?

  • It is to be understood as a person with a legal title for construction purposes – that is, a legal title arising from the right of ownership, perpetual usufruct, management, limited property rights or a contractual relationship, providing the right to perform construction works.

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