The previous law allowed the construction of individual recreation houses up to 35 m² upon notification and single-family houses without a surface area limit, the impact area of which is entirely within the plot. At the beginning of January 2022, regulations came into force under which, with a similar formal path, you can build a single-family house up to 70 m², ground floor or with an attic, for your own residential needs. Additionally, in the second quarter of 2022, there will be an opportunity to obtain free projects for the implementation of such an investment. Check what conditions you must meet to start building a house without a permit in the new procedure.
Houses without a permit up to 70 m² – new regulations, faster construction
On January 3, 2022, the provisions of the Act of September 17, 2021 amending the Act – Building Law and the Act on Spatial Planning and Development (Journal of Laws 2021, item 1986) came into force. The latest regulations allow you to bypass the – for many, burdensome – procedure of obtaining a building permit. The government has approved the possibility of building a single-family house up to 70 m² in a simplified procedure – without a permit, only upon notification.
What kind of house can you build by applying in the new mode?
According to the new regulations, you can build a small single-family house in the notification procedure:
– with a building area of up to 70 m² with an attic,
– no more than two-storey,
– detached – its area of influence is located entirely on the plot or plots on which it was designed,
– to meet own housing needs.
New process – house without permit, construction manager, construction log
The new process allows construction to begin after the architectural and construction administration body has been served with a notification application along with a complete set of required documents. The Act states that a house up to 70 m² on notification does not require:
– a legally binding decision on a building permit,
– appointment of a construction manager,
– keeping a construction log.
House up to 70 m² for registration with a building project – what documents are required to start construction?
The basic document in the case of reporting the construction of a house up to 70 m² is a properly completed application form. The attachments to the application are:
– a declaration of the right to use the property for construction purposes,
– architectural and construction design,
– a development plan for a plot or area on a map for design purposes,
– a decision on the conditions of development and land development – if required in accordance with the provisions on spatial planning and development or an extract and drawing from the local spatial development plan (MPZP),
– other (required by law) – opinions, agreements and any documents required for a given construction measurement, it will always be a geotechnical opinion, sometimes (depending on the requirements of a given plot) additional agreements with the conservator of monuments, Polish Waters or other bodies.
You will have to obtain a decision on development conditions in a situation where there is no local development plan. However, the government has provided for a simplification of the procedure in the case of applying for this decision for single-family residential houses for a notification of up to 70 m² and has set a shorter deadline – the office has 21 days to issue it.
According to the act, an urban analysis is carried out before such a decision is issued. For houses up to 70 m², the analyzed area has been limited to 200 m from the investment site. If there is no development in a given area, unfortunately the investor will not obtain development conditions and will not be able to carry out the investment in accordance with the law..
Necessary declarations
If you decide not to appoint a construction manager, you will have to submit a declaration of acceptance of responsibility for construction management. In addition, a declaration by the investor that the planned construction is being carried out to meet their own housing needs is a necessary attachment. This declaration is submitted under penalty of criminal liability for making a false declaration.
After submitting a complete set of documents, the investor has the right to immediately start the investment (however, the commencement of construction work cannot be delayed for longer than 3 years). Therefore, you do not have to wait for a final decision of the architectural and construction administration body. The new regulations have excluded the possibility of expressing an objection in such a situation. The notification with the project allows the commencement of construction work immediately after notification of this intention. The fact that construction has been completed must also be reported.
Completion of construction and use of a house up to 70 m²
The final step in the new process is to notify the building supervision authority about the completion of construction. The notification must also include:
– technical design,
– geodetic documentation with post-construction inventory,
– declaration of measurements of the usable area of the building and individual residential premises in accordance with the regulations,
– declaration of compliance of the building’s construction with the construction design and technical and construction regulations.
Of course, the erected building must be identical to the one in the design. In the event of any change, we will not receive a permit for use. Moreover, submitting a declaration inconsistent with the actual state of affairs will be treated as an offense punishable by a fine. If the construction supervision authority does not object, we can start using our new home.
Free house design for applications up to 70 m²
The General Office of Building Supervision announced an architectural competition for a house design of up to 70 m². After analyzing the submitted works, it selected 38 best projects – with the highest aesthetic and functional values. Some of them will be made available to investors free of charge, in the second quarter of 2022.
Houses without a permit are a trend in real estate that will definitely gain popularity. From 2022, we can undertake construction upon notification of a small single-family building – to meet our own housing needs in a new procedure: without a construction manager, without a construction log, but with the possibility of starting construction work immediately after notification. In principle, the current regulations are to enable private investors to fulfill their dream of a house – more efficiently, faster and with a minimum of formalities.
FAQ – houses up to 70 m² without a building permit: conditions, design and site manager
Can every house up to 70 m² be built without a permit?
No. The simplified notification procedure has specific legal conditions, including purpose, storeys, impact area and compliance with local rules.
Does a 70 m² notification house need a design?
Yes. A building design and compliant documentation are still required. Fewer formalities do not mean building without technical documentation and responsibility.
Is a site manager worth having for a 70 m² house?
It is not required: a house of up to 70 m² built on notification can go ahead without a site manager or a construction log, provided the investor declares that they take responsibility for managing the works. A site manager still improves quality and safety control, and in prefabrication helps coordinate assembly and stage inspections.
Does MABUDO offer small prefabricated houses?
Yes. The MABUDO catalogue includes compact houses that should be compared against plot rules, family needs and the formal path.