The planned amendment to the construction law will enable the construction of houses up to 70 sq m. of space without the need to obtain a building permit, appoint a construction manager and keep a construction log
– This amendment will not change much in practice, because already today, in accordance with the regulations, it is possible to build single-family houses with unlimited square meters on the so-called notification system, i.e. without a building permit. The difference between the two systems is that, according to the current regulations, you must have a project, keep a construction log and ensure the supervision of the construction manager, i.e. a person who has construction skills and experience and who makes sure that the house is built in accordance with construction standards – he explains in an interview with Newseria Biznes Wiktor Kotiuk. – It seems that the procedure that is already in place at the start of construction should not be simplified. If such an obligation is excluded in the new regulations, unfortunately it may turn out that the buildings will not be built properly.
A house without a permit only on a plot of more than 1000 square meters?
As he emphasizes, the new proposals seem to be unattractive due to the fact that, according to the draft regulations, one building may be erected on a plot of land with an area of at least 1000 sq m.
– The requirement to locate one facility for every 1000 sq m. plot area is to be a mechanism to ensure that the proposed institution will only serve individual purposes, and not the construction of multi-unit housing estates. Moreover, the draft act does not release from the obligation to design and build the above-mentioned of buildings, the application of technical and construction requirements specified in the provisions of the Regulation of the Minister of Infrastructure of 12 April 2002 on the technical conditions to be met by buildings and their location (…), i.e. maintaining appropriate distances from the plot boundaries guaranteeing limiting the area of impact of the building under construction to the plot on which it will be built – we read in the regulation impact assessment prepared by the Ministry of Development.
A house without a permit is open to abuse
According to the legal adviser, some provisions may also create a field for abuse. This includes proposal that in the case of holiday and recreational houses the required area of the plot should be half the size (500 sq m).
– Today, the regulations allow for changing the purpose of such a building, i.e. the building can be built as a recreational building, and then, as a result of the appropriate procedure, it can become a residential building – says Wiktor Kotiuk. – The regulations should simply limit the possibility of changing the destination, as well as building in a way that de facto causes the construction of larger buildings than provided for in the law.
The risk of such buildings is associated with the construction of the so-called twins.
– There is a possibility, which is still used very often today, that semi-detached houses will be built next to each other, on two plots and will be sold to one entity as two separate buildings, and in fact they will constitute one whole. So it will be very easy to circumvent the regulations to build a house with an area of up to 140 sq m without any formalities. – explains the legal advisor.
Undeveloped plots enjoy record popularity
Data from the Central Statistical Office show that the demand for real estate – despite the turmoil caused by the coronavirus pandemic – is still high. In 2020, 564.3 thousand jobs were signed. notarial deeds regarding the sale of real estate (premises and plots of land), slightly more than a year earlier (by 0.4%). But compared to 2019, the largest increase in the number of notarial deeds occurred in the case of the sale of undeveloped plots (by 17.1 percent). Moreover, the price of these properties has also increased. The value of all purchase and sale transactions of undeveloped real estate in 2020 amounted to less than PLN 34.5 billion, which means an increase of 40.7%. compared to 2019.
Building permits – data for 2020
According to the data of the Central Office of Construction Supervision, which is referred to by the Ministry of Development, last year approx. 106.5 thousand zlotys were spent. building permits for single-family residential buildings, 1.9 thous. applications for the construction of such buildings, and approx. 97.7 thousand of them were delivered. In the first half of 2021, the construction of 144.6 thousand sq m. flats, i.e. by 44.6 percent more than a year ago. Including individual investors were responsible for 54.3 thousand. commenced investments – by 22.3 percent more than in the first half of 2020. 40 percent The CSO also recorded an increase in the number of dwellings for which construction permits were granted or applications were submitted (171.5 thousand, of which individual investors – 60.4 thousand, an increase by almost 29%). So far, there is no indication that housing construction in Poland is slowing down or even stagnating.
(Source: Newseria.pl)
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