Building a house – three paths in the construction process
The formal basis for building a house is obtaining permission to start the project. Currently, the regulations allow for the implementation of the investment on one of three paths in the construction process. In the first, the commencement of work is preceded by submitting an application for a building permit and receiving a final decision in this matter, in the other two – reporting this fact to the appropriate authorities.
If we want to build a house, as a rule, we must obtain a permit from the relevant state administration bodies. According to the construction law in force in Poland, it is possible to start construction work without a building permit, but only with a notification. Current legal regulations allow for the implementation of this intention:
1) based on a building permit decision,
2) based on a building notification, after its consideration, if no objection is raised,
3) based on a building notification, after its delivery.
Each of the listed procedures preceding the commencement of construction works requires meeting specific requirements. It is also necessary to ensure that appropriate procedures are followed throughout the construction process.
Building a house – three paths in the construction process
1. House with a building permit
According to Art. 28 of the Act of 7 July 1944 – Construction Law (Journal of Laws 19994 No. 89 item 414), construction works may commence on the basis of a final decision on a building permit. To obtain such a decision, an application must be submitted on the appropriate form, including all necessary information about the planned investment and additional documentation must be attached:
– land development project,
– architectural and construction design,
– agreements, permits, opinions of other bodies (required for a given project),
The application also includes the following attachments:
– declaration of the right to use the property for construction purposes
– extract from the local spatial development plan or decision on the conditions of development and land development,
– designer’s declaration on the possibility of connecting the designed building object to the existing heating network,
– other documents (required by separate regulations).
The body to which we submit the application with attachments and documentation has a maximum of 65 days to consider it. If the decision is positive and becomes final, we can start construction, which occurs when preparatory work is undertaken, including geodetic marking of the facility in the field. We have 3 years to start construction. After this period, we can still start or resume it, but only after obtaining a permit for this activity.
The participant in the construction process, in the case of building a house with a permit, is, among others, the construction manager. The investor is obliged to ensure that the construction is managed by a person with appropriate qualifications. In this path, it is also necessary to keep a construction log. The construction manager may suspend construction works if he finds a possibility of a threat or because they are not being carried out in accordance with the design. He then makes an entry in the construction log and notifies the appropriate institution. On the same basis, the designer may also suspend them – similarly to the manager, by making an entry in the construction log.
What if, after obtaining a building permit, during the execution of the works, there is a need to make changes (in relation to the design or the conditions of the building permit)? In the event of significant changes, it will be necessary to obtain an alternative building permit and, as a result, submit an alternative building design. What must the investor take care of when building a house and wants to use it? A construction object requiring a building permit is subject to a post-construction geodetic inventory. The completion of construction must be notified to the relevant construction supervision authority. The attachments to the notification are:
– technical design,
– declaration by the construction manager on the compliance of the construction of the facility with the design and the conditions of the building permit,
– declaration by the manager on the cleaning of the construction site,
– geodetic documentation with a post-construction inventory,
– other necessary documents.
The facility can be used after 14 days if no objections are raised.
2. House for registration
According to the provisions of the Construction Law Act, some constructions do not require obtaining a permit, but only reporting this fact to the appropriate body. On this basis, we can start building a detached single-family residential building, the area of influence of which is entirely located on the plot or plots on which it was designed. In this case, in addition to reporting on the appropriate form, the investor must provide:
– land development plan,
– architectural and construction design,
– agreements, permits, opinions of other bodies (required for a given project).
The attachments to the application are:
– a declaration of the right to use the property for construction purposes,
– an extract from the local spatial development plan or a decision on the conditions of development and land development,
– other documents (required by separate regulations).
The competent authority has 21 days to consider the notification, counting from the moment it is delivered. During this time, it may file an objection by way of a decision. However, if, after this period has elapsed, there is no objection – construction work can begin. The legislator gives investors 3 years to start construction. If this deadline is exceeded, the documents must be submitted again. In the case of a house on notification, before the start of construction work, it is necessary to appoint a construction manager, who has the right to suspend it, by making an entry in the construction log and notifying the competent authority. According to the regulations, construction objects that do not require a building permit are also subject to geodetic marking in the field, and after construction – geodetic post-construction inventory. At the stage of completion of construction work, we must also take care to notify the relevant construction supervision authority of this fact, if no objection is raised in this matter within 14 days – we can start using the house. The attachments to the notification are:
– technical design,
– declaration by the construction manager on the compliance of the construction of the facility with the design and the conditions of the building permit,
– declaration by the manager on the cleaning of the construction site,
– geodetic documentation with a post-construction inventory,
– other necessary documents.
If changes need to be made during construction that will constitute a significant departure from the building design submitted with the notification, a new design must be submitted. Depending on the change, the investor will have to apply for a building permit or re-submit the notification.
House for registration up to 70 m² – without a construction manager and without a construction log
From January 3, 2022, another option has appeared – building a house in a simplified procedure: without a permit, without a construction manager and without the need to keep a construction log. The implementation of such an intention is allowed by the provisions of the Act of September 17, 2021 amending the Building Law Act and the Act on Spatial Planning and Development (Journal of Laws 2021, item 1986).
What conditions must we meet to use this path?
In the procedure for a house submitted with a design, without appointing a construction manager and without a construction log, we can build a detached single-family residential building whose area of influence is entirely within the plot or plots on which it was designed:
– with a maximum building area of up to 70 m², with an attic,
– no more than two storeys,
– to meet own housing needs.
Before we start construction work, it is necessary to deliver a completed notification and the documentation required by the regulations to the architectural and construction administration body. It consists of:
– land development plan,
– architectural and construction plan
– agreements, permits, opinions of other bodies (required for a given project).
In addition, the investor must provide attachments, which include:
– a declaration of the right to use the property for construction purposes,
– an extract from the local spatial development plan or a decision on the conditions of development and land development,
– a declaration by the investor that the planned construction is carried out to meet their own housing needs,
– a declaration by the investor that they accept responsibility for managing the construction in the event that a construction manager is not appointed,
– a declaration that the documentation attached to the notification is complete.
After submitting a complete set of documents, construction work can begin immediately. In this case, there is no deadline for the decision to become final, and the office cannot file an objection. As with the other two paths, it is worth starting construction within 3 years if we do not want to go through the entire procedure of submitting a notification with current documentation again.
Building a house based on a report with a design does not require the appointment of a construction manager, but does not exclude such a possibility. If the investor ultimately decides not to appoint a manager, they take over responsibility for managing the construction (hence the relevant declaration listed among the attachments to the report is necessary). In the event of the need to suspend construction works for which a construction log is not kept, the relevant construction supervision authority should be notified. The person authorized to do so is the designer. They may suspend the works if they determine that they are not being carried out in accordance with the design or there is a possibility of a threat.
A house for notification up to 70 m², in accordance with the regulations, is subject to geodetic marking in the area and, after its construction, geodetic post-construction inventory. After completion of construction work, it is necessary to notify the appropriate building supervision authority and submit documents that constitute annexes to the notification:
– technical design,
– investor’s declaration that the usable area and individual premises have been measured in accordance with the regulations,
– investor’s declaration that the building has been constructed in accordance with the design and applicable regulations,
– survey documentation with a post-construction inventory,
– other necessary documents.
If the building supervision authority does not express any objection within 14 days, then after this time we can start using the house.