Construction without a permit - changes in the construction law

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On September 19, 2020, an amendment to the Construction Law came into force, which changed, inter alia, regulations concerning cases in which it is necessary to obtain a building permit. The purpose of the amendment is to collect all situations requiring a permit, notification or not requiring the above activities in a readable catalog. Are you wondering if your construction project requires a building permit? Check if it is possible to build without a permit!

When is a building permit necessary?

Pursuant to the provisions of the Construction Law, construction works may only be commenced on the basis of a building permit, unless the Act explicitly excludes the obligation to obtain a permit.

The building permit is issued by the architectural and construction administration authority. The parties to the proceedings in this case are: the investor and owners, perpetual usufructors or managers of real estate located in the area of ​​impact of the facility.

Construction work without a building permit may be performed only if the law expressly permits it. The lack of a building permit is therefore an exception. It must clearly result from the Construction Law.

Construction - when is a notification enough?

An exhaustive catalog of cases requiring only notification is contained in Art. 29 of the Building Law.

If you want to check whether the construction you are planning can be carried out on the basis of a notification - check the list in art. 29 sec. 1 of the Building Law. Below you will find examples of such a construction.

It does not require a building permit, but requires notification, construction of detached single-family residential buildings, the impact area of ​​which is entirely located on the plot or plots on which they were designed.

Moreover, the application is sufficient for the construction of power networks with a rated voltage not higher than 1 kV, water, sewage, heating, gas networks with an operating pressure not higher than 0.5 MPa.

The permit is also not necessary for the construction of detached one-story buildings of transformer stations and container transformer stations with a building area of ​​up to 35 m2, a sewage treatment plant with a capacity of up to 7.50 m3 per day and no-discharge tanks for liquid waste with a capacity of up to 10 m3.

On the basis of the permit, it is also possible to build temporary structures not permanently connected to the ground and intended for demolition or transfer to another place - within the time limit specified in the notification, but no later than 180 days from the date of commencement of construction specified in the notification.

On the basis of the notification, it is also possible to build bridges with a total length of up to 25 m and a height - from the top of the deck to the bottom of the basin - up to 2.50 m; single-family houses, as well as cable ducts, exits from national and provincial roads and parking bays on these roads.

The application will also be appropriate for detached one-story farm buildings, garages, carports with a building area of ​​up to 35 m2, and the total number of these objects on the plot may not exceed two for every 500 m2 of the plot area.

On the basis of the notification, we will also build home porches, orangeries (winter gardens) - with a building area of ​​up to 35 m2, and the total number of these facilities on the plot may not exceed two for every 500 m2 of the plot area.

The application is also sufficient for the construction of detached one-story buildings for individual recreation, understood as buildings intended for periodic rest, with a building area of ​​up to 35 m2, and the number of these facilities on the plot may not exceed one for every 500 m2 of the plot area.

The same procedure is applicable to the construction of school sports fields and sports fields, tennis courts, running tracks for recreation, fences with a height of more than 2.20 m, ground terraces with a building area of ​​more than 35 m2, as well as power, water, sewage and gas connections, heating, telecommunications, with exceptions resulting from the act.

The remaining cases of construction requiring only notification can be found in Art. 29 sec. 1 of the Building Law.

Construction without a permit - when is it possible?

An exhaustive catalog of cases where the construction requires neither a notification nor a building permit can be found in Art. 29 sec. 2 of the Building Law.

If you want to check whether the construction you are planning can be carried out without the need to obtain a building permit and without the need to notify - check the list in art. 29 sec. 2 of the Building Law. Below you will find examples of such a construction.

It does not require a building permit decision or notification the construction of farm buildings related to agricultural production and supplementing farm buildings within the existing habitat plot, including one-story farm buildings with a development area of ​​up to 35 m2, with a construction span of no more than 4.80 m, as also container dryers with a building area of ​​up to 21 m2.

Without notification, we will also build shelters with a building area of ​​up to 50 m2, located on a plot with a residential building or intended for residential construction, and the total number of these shelters on the plot may not exceed two for every 1000 m2 of the plot area.

The notification is not required for free-standing gazebos with a development area of ​​up to 35 m2, and the total number of these objects on the plot may not exceed two for every 500 m2 of the plot area.

The notification will not be necessary for the construction of home swimming pools and ponds with an area of ​​up to 50 m2, construction facilities which are water melioration devices, bank strips and other artificial, surface or linear fortifications of the banks of rivers and mountain streams as well as the sea shore, the shore of internal sea waters, not constituting structures thrust.

The catalog of objects, the construction of which does not require notification or permission, also includes small architecture objects, with the exception of small architecture objects in public places and fences with a height not exceeding 2.20 m and home terraces with a built-up area of ​​up to 35 m2.

A detailed and exhaustive catalog of cases in which the construction does not require a permit or notification is included in Art. 29 sec. 2 of the Building Law.

Construction works - when is an application sufficient?

An exhaustive catalog of cases in which construction works can be performed on the basis of a notification, and without the need to obtain a building permit, can be found in Art. 29 sec. 3 of the Building Law.

If you want to check whether the construction works that you plan can be carried out on the basis of a notification, without the need to obtain a building permit - check the list in art. 29 sec. 3 of the Building Law. Below you will find examples of such construction works.

It does not require a building permit, but requires notification, performance of construction works consisting in the reconstruction of:

  • external partitions and structural elements of single-family residential buildings, as long as it does not increase the impact area of ​​the object beyond the plot on which the building is located;

  • installations and networks specified in the Act;

  • roads, tracks and railroad equipment;

  • consisting in thermal insulation of buildings with a height of more than 12 m and not higher than 25 m;

  • installations of renewable energy sources with a total installed electrical capacity of not more than 1 MW, using hydropower to generate electricity.

In addition, it does not require a building permit, but the performance of construction works consisting in renovation requires notification:

  • buildings whose construction requires obtaining a building permit;

  • buildings whose construction requires obtaining a building permit - in terms of external partitions or structural elements.

It does not require a building permit, but requires a notification for the performance of construction works involving the installation of:

  • on construction objects that constitute or do not constitute the entire technical and operational equipment, including antenna supporting structures and radiocommunication installations, as well as accessories and power supply devices associated with these devices, with a height of more than 3 m;

  • grilles on multi-family residential buildings, public utility buildings and collective housing buildings;

  • billboards and advertising devices, with the exception of illuminated and illuminated advertisements located outside the built-up area within the meaning of road traffic regulations;

  • gas installations inside and outside the building in use;

  • agricultural biogas micro-installations.

In art. 29 sec. 3 of the Construction Law Act, you can find an exhaustive list of construction works that do not require a building permit, but require notification.

Construction works - when they do not require a permit or notification?

An exhaustive catalog of cases where construction works do not require a building permit or notification can be found in Art. 29 sec. 4 of the Building Law.

If you want to check whether the construction works that you are planning can be carried out without the need to obtain a building permit and without the need to notify - check the list in Art. 29 sec. 4 of the Building Law. Below you will find examples of such construction works.

It does not require a building permit decision or notification for the performance of construction works consisting in the reconstruction of:

  • buildings, the construction of which requires a building permit, and single-family residential buildings, with the exception of the reconstruction of external partitions and structural elements;

  • consisting in thermal insulation of buildings with a height not exceeding 12 m;

  • construction equipment.

It does not require a building permit decision or notification for the performance of construction works consisting in renovation:

  • construction works, with the exception of the renovation of structures, the construction of which requires a building permit, and with the exception of buildings whose construction requires a building permit - in terms of external partitions or structural elements;

  • construction equipment.

It does not require a building permit decision or notification for the performance of construction works consisting in installing:

  • on construction works that constitute or do not constitute the entire technical and operational equipment, including antenna supporting structures and radiocommunication installations, as well as accessories and power supply devices associated with these devices, with a height not exceeding 3 m;

  • grilles on buildings, with the exception of the installation of grilles on multi-family residential buildings, public utility buildings and collective housing;

  • heat pumps, free-standing solar collectors, photovoltaic devices with an installed electrical capacity of not more than 50 kW, with the proviso that for photovoltaic devices with an installed electrical capacity of more than 6.5 kW, the obligation to agree with a fire protection expert in terms of compliance with fire protection requirements;

  • installations inside and outside the building used, excluding gas installations;

  • hardening the ground surface on building plots.

An exhaustive catalog of construction works for which a building permit is not required, nor is it necessary to notify, can be found in Art. 29 sec. 4 of the Building Law.

Projects requiring environmental impact assessment

Notwithstanding the foregoing, construction permit decisions are required for projects that require an environmental impact assessment and projects that require a Natura 2000 impact assessment.

Monument building works

Construction works performed at a construction object entered in the register of monuments - require a building permit, and works carried out in an area entered in the register of monuments - require notification.

The application for a building permit and the notification must be accompanied by the permit of the competent provincial inspector of monuments issued on the basis of the provisions on the protection and care of monuments.