Polish government will adopt in Q2 the draft amendment to the Construction Law

27 February 2024

The Council of Ministers plans to adopt in the second quarter of this year a draft amendment to the Construction Law Act and some other acts regarding the extension of the catalogue of construction investments exempt from the building permit, including about home shelters and micro-instalments of RES using wind energy (the so-called micro-winds), according to information in the list of legislative and program works of the Council of Ministers.

Law of 7 July 1994. – Construction law […] although it has been amended many times over the past years, and the investment process has been simplified, deformalized and digitized, still includes regulations that are inadequate to the complexity of investments. Public administration bodies also decide on matters which, with the appropriate change of regulations, could be simplified, formalized and in some cases completely eliminated. Therefore, on the basis of the analysis of observed trends, received correspondence and oral information (as part of supported telephone conversations), it is proposed to extend the catalogue of construction projects exempt from the building permit. An example of such investments is the construction of non-flude-out tanks used to collect precipitation and melt water or install on building works a micro-installation of RES using wind energy (the so-called microwinders), the information reads.

Issues related to the construction of home shelters and home hide ad hoc ones with a usable area of up to 35 m2 to protect residents of single-family residential buildings in the event of, for example, an armed attack or extreme weather events have not been regulated so far, indicated further.

“The regulation of these matters is particularly important for ensuring the safety of residents of single-family housing, in particular in the context of the further development of the armed conflict in Ukraine and the increasingly occurring extreme weather events,” the list reads.

“To the catalogue of investments exempt from the building permit, but requiring notification, it is proposed to add, among others, a small columbarium in the cemetery, culverts with a length of not more than 20 m and with an internal cross-section of more than 0.85 m2 and not more than 3 m2, small kiosks and street sales pavilions (with a building area of not more than 15 m2), outlets to natural wastewater, free-standing construction objects and non-staying facilities.m3, home shelters and ad hoc concealments with installations and connections necessary for their use. It is also proposed to allow, for the notification, the execution of construction works consisting of the installation on a construction facility of technical equipment with masts, used for the generation of electricity from wind energy for own purposes or for the purpose of entering the grid, with a power of not more than the power of the micro-installation within the meaning of Article. 2 point 19 of the Act of 20 February 2015 on renewable energy sources, and with a total amount of more than 3 m and not more than 12 m.

During the conference organized in 2022 by the Central Office for the construction Supervision Authority on the digitization of the construction process, participating in it, representatives of the architectural and construction administration bodies and construction supervision presented problems related to the application of the regulations regarding the construction of a single-family residential building with a built-in area of up to 70 m2 and indicated the need to clarify these regulations in the context of the scope of verification of the notification submitted by the investor, the manner of dealing with the submitted application, if it is not indicated.m2. Therefore, the draft clarifies these provisions and is listed.

Source: ISBnews

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