Since January 3 of this year, it has been possible to build houses of up to 70 m2 and recreational buildings without a permit. How to meet the conditions stipulated in the regulations and is it worth opting for such a solution?
How to report the construction?
Despite the fact that you do not need a permit to build a house of up to 70 m2, you still need to report the planned construction. You will do this at the architectural and construction department of the local municipal office or the district administration. The notification should include information on the type of construction object, the location of the construction, the date when work will begin and your contact information. And also a statement that you have the right to dispose of the property on which the construction work will be carried out, and a simplified design, sketches or drawings. Importantly, in this case the authority does not issue a decision. If the competent construction supervision authority within the statutory 21 days from the date of submission of the application does not raise any objection to the requested work, you can start construction.
This is what you need to pay attention to
Although construction without a permit sounds easier, you should be aware of the disadvantages of such a solution. First of all, the design of such a house still has to comply with all the detailed regulations regarding, among other things, emissions or the distance of the septic tank from the neighboring property. Assessment of such compliance is done by officials. Thus, we will not miss other formalities. In addition, the new regulations admittedly exempt the developer from the need to hire a construction manager and keep a logbook. However, this makes you, and not the official, responsible for the legality of the construction. If you violate these procedures, you will be liable for arbitrary construction. Remember, too, that the local zoning plan applies regardless of whether you build a structure by application or permit. You also run the risk of having trouble getting a loan, as it is difficult for banks to verify the quality of such a house.
A house built without a permit can be up to 70 sqm.
© ROBEN
When is a building permit necessary?
Permission is necessary if, the designed house will affect the neighboring plot, limiting the possibility of its development. In addition, permission must alsobe obtained if, it will be necessaryto assess the impact of the project on the Natura 2000 area. Another scenario is when the object will be erected in an area under archaeological supervision. A permit is also needed for the construction of a semi-detached or multi-family house.
Will it be even easier?
As we have already written on our website, changes to the construction law are announced, giving the possibility to build a single-family house without a permit and without a limit on the usable area. The changes would come into effect from 2023. Such an opportunity will be available to families and sole proprietors, provided that the building is used for their own residential purposes. In order to meet this condition, a special statement will need to be written down, which will have a criminal liability clause. However, this does not mean that you cannot sell or rent such a house in the future. Another condition to be met is that the area of influence must be entirely within the plot or plots on which it is designed. However, a manager and a construction logbook will be necessary. The obligation to notify the completion of construction work is also to be abolished. The construction manager may be responsible for commissioning. The authority will only need to be notified of the start of use.
Even if we do not need a permit, construction must be reported
© ELABRICK
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