The biggest change in the Construction Law in 2023 will be the ability to build single-family houses without a building permit, but only by notification. “This raises concerns also from the point of view of investors, as we lose an important element of administrative control,” points out Radoslaw Jodko, an investment expert with RRJ Group. However, he is hopeful about supporting the creation of micro wind farms and water tanks.
On January 1, 2023, revolutionary changes to the Construction Law come into effect, the most important of which are:
– a completely new procedure for the construction of single-family houses without a building permit, but only on a so-called notification;
– construction objects will be put into use only after notification of completion of construction, which means that a decision on permission to use the object will not be necessary;
– the list of investments carried out under simplified rules is also expanded to include, among others, micro wind turbines (with a height of 3-12 m) or no-outflow tanks for rainwater or snowmelt (up to 5 m3 – without a notification and permit; with a capacity of 5-15 m3 – only a notification will suffice).
Without a building permit – and only by notification – it will be possible to build any house – regardless of the square meterage, but provided that it is built for personal use and has a maximum of two stories.
“Notifications are to be made on the basis of a project drawn up with a construction manager, so the construction manager is to confirm that the building is ready for habitation. This raises concerns because we are losing an important stage of prior and subsequent control, exercised until now by the public administration. After these changes in the law, the responsibility for construction is shifted to the investor, the construction manager and the designer. Imagine that there is a dispute between them. This means years of litigation. After all, building on a notification, the investor gets no decision from the office. He will be left alone with the problem,” points out Radoslaw Jodko, an investment expert with RRJ Group.
“What is gratifying in these changes is the expansion of the catalog of investments carried out under simplified rules. Micro wind turbines or water storage tanks join the list, which means that viable solutions supporting zero-carbon buildings are appearing on the individual real estate market. And these developments are certainly what the market has been waiting for,” Jodko stressed.
Jodko also notes the growing role of technical appraisal experts, who are sure to be in demand, and their role will increase, especially since from 2023 appraisers are to be authorized to prepare technical studies of construction objects.
On the other hand, representatives of the construction industry reported in the course of the work that they learned about the changes from the Ministry’s press conference, and that no one consulted them about the changes.
