The amendments extend the catalogue of building objects whose construction does not require a building permit. Among those buildings, there are detached, single-family houses which entirely fit a building lot and detached utility buildings. Construction of those objects only requires a building notification.

The new regulations do not impose on investors a requirement to obtain a final decision on the permission to build in order to initiate construction work. “The term ‘final’ was deleted from the text. This can significantly influence the speed of building investments,” writes legal advisor Artur Sidor.

The new regulations also provide that an appropriate body can, within 30 days, submit an objection if the construction work violates the provisions of the local special development plan or the decision on construction conditions. “It must be noted that in particular cases an appropriate body can impose on the investor a duty to obtain a permit to construct a particular building object or perform construction work,” legal advisor Artur Sidor adds.

The Construction Law has been amended multiple times in recent years. It is unlikely that the current amendments put an end to those changes. A draft Construction Code was submitted for public and interdepartmental consultations in May. It foresees, among others, the extension of the catalogue of building objects encompassed by the simplified notification procedure. “The scope of the draft Code allows one to hope that it will positively influence the development of the building sector,” legal advisor Artur Sidor further notes.

The article „A change before a revolution” by legal advisor Artur Sidor and advocate trainee Paweł Murawski is available here.