When is a planning permission required?
As a general rule, the start of:
- commencing construction,
- carrying out construction work,
- carrying out construction works other than the construction of a building,
requires a building permit. Construction should be understood as the erection of a building in a specific location, as well as the reconstruction, extension or addition of storeys to a building. Construction works is a legal term that refers to various types of activities related to buildings. This term encompasses both the process of erecting new buildings and a variety of works such as conversion, assembly, repair or dismantling of existing structures. It therefore covers both the process of creating a new structure and the modification, repair or removal of existing structures. The term ‘assembly’ refers to the preparation and joining of prefabricated elements to create a fully-structured building, whilst ‘demolition’ refers to activities aimed at dismantling and removing a building from the site.
How do you obtain a building permit?
A building permit is an administrative decision issued in the first instance by the district administrator (or the mayor in cities with county rights). An application for this can be submitted electronically or on paper. The application must be accompanied by a number of attachments, including the building design; a certificate confirming that the person who prepared it is authorised to perform independent technical functions in the construction industry; a declaration of the right to dispose of the property; and a decision on development conditions (if there is no Local Spatial Development Plan).
The building permit should be issued within 65 days of the date of submission of the application. If this does not happen, a higher-level authority may impose a fine of PLN 500 on the architectural and building authority for each day of delay. Work must commence on the basis of the building permit decision within 3 years of the date on which the decision became final. The Building Law also permits a break in construction work that has commenced, but for no longer than 3 years.
If you need assistance in obtaining a building permit, please contact HWW Law Firm.
She specializes in commercial and civil law. She has gained experience in Warsaw law firms providing comprehensive services to companies and a law firm specializing in labor law. She has extensive experience in corporate consulting. She has participated in mergers and acquisitions at every stage of the process, from pre-transaction legal examination to fulfillment of regulatory requirements related to the transformation process. She prepares and reviews contracts entered into by clients and advises in cases of…
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