House construction upon notification

  After purchasing a plot, you become its owner and you are obliged to fulfil all procedures which will enable you to notify the building for construction. The notification is a document which you must submit to the architectural department of a relevant district authority. The building design is one of the most important attachments to the construction notification but the design itself is not enough. Here are a few legal steps you have to take while submitting this document. Obtain an extract from the local spatial development plan or the site development conditions at the borough office. In case when your plot is not covered by the local spatial development plan, you need to request a decision regarding the site development conditions by submitting a relevant application in the office.

  The decision regarding the site development conditions is issued by an authorised officer on behalf of the borough or city mayor . Such procedure lasts – depending on the borough and the case complexity – from 2 months to even a year (although, in fact, there is no statutory deadline by which the office has to take the decision). In case when the plot is covered by a local spatial development plan, you will get an extract from the local plan much faster – within a few days or even immediately. The local spatial development plan is often available on websites of relevant authorities. If you have the local spatial development plan or the site development conditions, always accurately check the requirements contained therein and referring to a specific plot to be sure that the selected design complies with the terrain conditions and the legal requirements.

  A licensed surveyor must produce an up-to-date map for design-related purposes in the scale of 1 : 500. It is a land survey and height map required for making a building design in Poland. The architect plots elements of the planned development on this map. The key attachment to the application is the building design which is always submitted in four counterparts. The office keeps one copy, the other copy goes to the local construction supervision authority and the two remaining copies of the design – stamped – return to you. Keep one for yourself as an archived copy and provide the other one to the Construction Site Manager. Selecting the proper design of the house is a very important issue. Remember, the design must correspond to the plot dimensions and the guidelines determined by the relevant borough office and meet your personal requirements. Therefore, we at M3 System always recommend our clients to get an individual design which allows you to plan a building perfectly tailored to your ideas about a house of your dreams. The  architectural and construction design includes:

  • descriptive part,
  • architectural part,
  • design part,
  • installation part,
  • energy pattern,
  • consent to modifications.

   Site Development Design – made by the Architect on a current map provided for design-related purposes. It specifies: plot / development site borders, location, outline and arrangements of the existing and planned buildings, terrain utility networks and connections, sewage removal or treatment method, traffic arrangement and greenery arrangement, with characteristic elements pointed out, dimensions, ordinates and mutual distances of buildings with reference to the existing and planned developments on the neighbouring sites. First, the adapted ready design requires preparing the site development plan, that is, a map for the design purposes associated with your plot with the marked outline of the house, connections, systems, outdoor furniture, green areas being designed etc. These issues are immediately determined in the design when the individual design is being selected and there is no need for them to be adapted by another architect. It is worth noticing, however, that a local architect often submits relevant construction notification documents as part of his services, which releases you from having to handle burdensome and time-consuming procedures.

   Then the design must be adapted (adjusted) to the terrain conditions (wind, snow and frost zone). Until this moment, an authorised architect still can modify the design upon your request and then prepare the site development design.

   Since June 28, 2015, a modified building law has been in force. Since that day on it is enough to make the notification and get the so-called „tacit approval”. This allows you to start the construction works already after a month. The new procedure is primarily used to issue approvals for single family houses as well as sheds, utility buildings and garden architecture objects. These are standalone single family residential buildings, the impact zone of which is entirely within the plot or plots on which they have been planned. Additionally, garages have been added to the standalone single family buildings. The possibility to carry out construction without a permit also allows making a larger pond – presently, its size can be 50m2.

    Summing up – instead of making an application for the permit, it is just enough if you notify your intent to start the construction. Following the moment of the notification, the architectural and building administration department of a relevant district authority has 30 days to bring up its reservations for the design. If they do not do this, you are free to start the construction works. You do not have to supply the application with declarations of relevant bodies about providing electrical energy, sewage, water, heating and telecommunication network connections. As a developer, you are also not obliged to submit information about connecting the plot to a road if it is a secondary class public road. You are obliged to inform about such connection only if the plot is situated by a national or regional road. You will be required to connect the building to the particular networks and to connect it
to the access road only when you notify the completion of the construction to the local building supervision authority. In return, you are obliged to deliver information about the building impact zone which provides the basis for the office to determine whether the construction of your new single-family house or altering of an existing house will require a building permit or just making a notification. It means that the permit will still be necessary in case when a house is upgraded in a way which will change its impact zone, that is, e.g. it is extended outwards or its highest storey is raised
.

Key information:

  • after notifying the office, you can start building the house as soon as after 30 days,
  • you must prepare four copies of the construction design,
  • declarations of relevant authorities about providing connections to the plot are no longer required,
  • information about the building impact area should be attached to the design,
  • works carried out to alter an existing building or to extend it outwards or upwards require a building permit.
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