Obtaining a building permit
When planning to build your dream home, you must first obtain the appropriate documents, permits and design, and also submit the appropriate notifications. One of the possible steps on the way to building your ideal home is to obtain a building permit, which is an administrative decision that is necessary to start and conduct construction or perform specific works (source: https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/34).
In this article, we will present all the necessary steps that will ensure that you go through this first stage of building a single-family home without any problems. It is important to remember that a permit is not always required for single-family homes, sometimes it is enough to submit a construction notification. However, an application for a permit can be submitted instead of a notification without giving a reason for the decision.
There are also a number of situations in which obtaining a building permit for a single-family home is required. This happens, for example, when its impact area does not entirely fit within the plot or plots on which it was designed, and also in the event of the need to conduct an environmental impact assessment or an impact assessment on a Natura 2000 area (source: Construction Law).
Where and how to apply?
A building permit for a house can currently be obtained by submitting the appropriate documents in paper or electronic form:
• during a visit to the district office or city office competent for the place of construction,
• by mail,
• electronically via the e-Budownictwo portal.
This application is submitted by the investor. The form is available on the government website and no additional fees are required to submit it if the property is used for residential purposes.
When should I submit my application?
An application for a building permit must be submitted before the work begins. It should be taken into account that the architectural and construction administration body has a statutory 65 days to issue a decision. We must be aware that starting work before obtaining a final decision will be considered illegal construction. (source: https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/34)
An important issue related to the process of building a single-family house with a permit is also the need to hire a construction manager. This person is responsible for a number of activities such as maintaining documentation, securing the site, managing work in accordance with the design and health and safety regulations, coordinating the implementation of tasks preventing threats to safety and health protection, and other elements included in art. 22 of the Construction Law Act (source: Construction Law).
Hiring a manager (a person with qualifications) is the investor’s responsibility. This applies to both specific works and demolitions.
What documents are required to obtain a permit?
In accordance with the provisions of the Construction Law Act of 1 July 1994, the investor should submit to the relevant office (corresponding to the place of commencement of works) three copies of the plot or land development plan and the architectural and construction plan together with relevant opinions, agreements, permits and other documents resulting from the provisions of law. It is also possible to submit an electronic application indicating the relevant region (source: Construction Law).
The construction design consists of:
• Plot or area development design – prepared on a current map for design purposes or a copy thereof, together with a description and information on the area of impact of the facility.
• Architectural and construction design – together with a geotechnical opinion and a decision granting consent to a derogation, if issued.
• Technical design – there is no obligation to submit with the application and is not subject to approval in the decision on the building permit.
Opinions, agreements, permits and other documents, e.g.:
• Declaration of the investor regarding the right to use the property for construction purposes.
• Decision on the conditions of development and land development or an extract and drawing from the local development plan.
• Urban planning agreement.
• Declaration of the designer regarding the possibility of connecting the house to the heating network.
• Declaration of the relevant road administrator regarding the possibility of connecting the plot to the road, in accordance with the regulations on public roads.
• Technical conditions for connection to the network (electricity, water supply, sewage, etc.).
• Information regarding safety and health protection.
Other documents required by separate regulations, in particular those relating to historic sites, mining sites, radio telecommunications sites or maritime areas, also issued by other bodies.
The following must be attached to the architectural, construction and technical development plan for the plot or area (not subject to approval by the architectural and construction body):
1. Copies of decisions on granting building qualifications in the relevant specialty of designers preparing the design and certificates of membership in the Chamber, except for persons entered in the central register of persons with appropriate qualifications.
2. Declaration by the designer on the preparation of the design in accordance with applicable regulations and principles of technical knowledge.
Permission issued or rejected – what to do in such situations?
According to the Construction Law Act of 1 July 1994, in order to obtain a permit, all requirements specified in the decision on the conditions of development and land development or those applicable in the local spatial development plan or other local legal acts must be met (Source: Construction Law).
During the consideration of the application for a permit, the scope and content of the project and the attached attachments are primarily checked. The authorized body checks the compliance of the land development and architectural and construction project with the decision on development conditions, environmental protection requirements and other resolutions. During the procedure, the compliance of the project with technical and construction regulations is also verified, as well as the completeness of the documents. Designers developing individual parts of the project must have qualifications in the appropriate specialty, be members of the Chambers and submit the necessary declarations.
The administrative body is legally obliged to issue a decision on the permit within 65 days, under penalty of imposing a financial penalty on this body in the amount of PLN 500 for each day of delay. If deficiencies or irregularities are discovered during the consideration of the application for the permit, the body imposes in the form of a resolution the obligation to remove them within a specified period (the time is not included in the running of the period for issuing the decision).
The relevant administrative body may not refuse to issue a building permit if all the requirements specified in the provisions of law (in Art. 32 sec. 4 and Art. 35 sec. 1 of the Building Law Act) are met, as explicitly stated in Art. 35 sec. 4 of the same Act.
There are also cases in which a negative decision is issued regarding a permit. These are three basic situations: when the deficiencies in the application are not corrected within the specified time, the works are started before the decision on the building permit is issued or there is a structure on the plot with a decision ordering demolition.
Changes to the project and permission – are they possible?
After completing the documents and obtaining permission to start work on the house, there is a possibility of changing it, of course this may involve further formalities.
Changes are divided into two types:
1. Non-significant deviations from the design.
2. Significant deviations from the design.
In the first case, the law states that no further consents are required. When changes are necessary, it is important to consider whether they do not fall within the so-called material derogations, which include:
1. scope covered by the development project (plot/area) excluding construction equipment and small architectural structures, e.g. gazebos. Essential parameters of the structure/house: volume, area, height, length, width and number of storeys,
2. changes in the conditions for ensuring that disabled persons can freely use the structure,
3. changes in the previously established method of use of the structure or its part,
4. conditions contained in documents such as the local spatial development plan and other local law acts,
5. changes that previously had to be submitted to the authority in order to obtain a permit.
The above elements affect changes in the permit. It should be remembered that it is the designer who decides whether a given change qualifies as significant or insignificant. (source: https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/551)
Can a permit expire?
This decision is issued for 3 years from the date on which it becomes legally binding. After this time, the permit expires and may also become invalid if the work on the facility is interrupted for 3 years. It is also possible to declare the permit invalid (only up to 5 years after the decision is delivered or announced) or to revoke it. In both cases, the commencement or resumption of work is possible after obtaining this document.
A significant deviation from the approved land development plan or architectural and construction plan is permissible after obtaining a decision to change the building permit. The qualification of changes as significant or insignificant is made by the designer in accordance with the provisions of law.
Completion of construction – when can the house be used?
After completing all works, the manager reports the object to the relevant body, which issues a decision on the use of the house. It should be noted that during the works, an appropriate construction log is kept (by the manager), which is submitted after the completion of all works, in which an entry should also be made regarding the handover of the object (the original must be submitted to the body). Other documents necessary for the completion of the house are:
• A notice of completion of work (or a permit for use) together with a written statement from the building supervision authority stating that there is no objection to living in the given facility.
• Technical design.
• Copies of drawings, also with changes and descriptions, if any changes have been made.
• A statement from the manager stating that the design is consistent with the erected structure, including bringing the given area to the proper condition and order.
• A document stating that the adjacent areas have been properly developed (if such premises exist).
• A report on tests and inspections.
• Full geodetic documentation (prepared by an authorised specialist).
• Confirmation by the managers of the acceptance of all connections made in the house (gas, heating, etc.).
• If the facility is being built on the basis of an urban planning agreement, a certificate of the conditions for fulfilling the requirements for free transfer of the completed investment to the commune should be attached, supplementary.
• If your house is located on the trans-European road network, the result of the road safety audit should be attached.
• Permission from technical supervision to use the equipment.
• Document confirming that the State Sanitary Inspectorate and the State Fire Service have no objection to the commencement of use (if required).
• Payment of the stamp duty and submission of a document confirming payment.
If you are represented by an attorney, you must also present a power of attorney and pay a fee for its granting.
If the submitted application is considered positively, i.e. no objection is raised in this matter, we can move into the house after 14 days (source: https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/565).
