Attorneys-at-law in Central and Eastern Europe
Significant amendments to Polish Building Law
20.05.2009
Will building permits no longer be required? Will neighbours lose the right to object to a skyscraper being built nearby? At the end of April 2009, the Polish Parliament introduced controversial changes to the Construction Act now awaiting signature by the President. If finally passed, the proposed amendments will completely change the status quo of building regulations.
Kategorie: en_Allgemein
Erstellt von: bnt Nuernberg
Complete abandonment of building and use permits.
The hitherto existing building and use permits will be completely abolished. New projects, of no matter what kind and scale, need only be notified to the supervising authority. If the authority fails to raise objections within 30 days from the day of notification, its inactivity is to be treated as consent to the construction of objects notified. Therefore "silent" consent will be sufficient to start building.
A formal decision need only be issued if the authority objects to a planned investment within 30 days from notification. In the absence of objections the authority will simply register the investment project. This procedure will be applicable not only to a one-family house, but also to a skyscraper, a factory, or a power plant. It is therefore possible that in the future legally disputable projects could be admitted for implementation by a passive or overburdened supervising authority.
Formal decisions similar to the present building permits (these will be the so-called "decisions on investment registration") will be necessary with regard to investment projects that require previous examination in terms of environmental compatibility. Such investments will include, for example, buildings within areas covered by the Nature 2000 program. However, even here the supervising authority will in numerous cases have the discretion to abstain from a compatibility assessment.
Finally, there will be investments in respect of which neither notification nor building documentation will be necessary. Such investments will be connection points to communication nets (gas, electricity, water suply) as well as certain renovation and reconstruction works.
Neighbours will no longer be entitled to participate in proceedings for initiation of a construction investment.
Neighbours and legal entities whose rights and interests may be affected by a planned investment will no longer have the opportunity to participate in the proceedings unless the disputable project refers to areas covered by the Nature 2000 program or requires an environment compatibility examination on other legal grounds. Generally, third parties affected will not even be informed of notified investments.
The hitherto existing building and use permits will be completely abolished. New projects, of no matter what kind and scale, need only be notified to the supervising authority. If the authority fails to raise objections within 30 days from the day of notification, its inactivity is to be treated as consent to the construction of objects notified. Therefore "silent" consent will be sufficient to start building.
A formal decision need only be issued if the authority objects to a planned investment within 30 days from notification. In the absence of objections the authority will simply register the investment project. This procedure will be applicable not only to a one-family house, but also to a skyscraper, a factory, or a power plant. It is therefore possible that in the future legally disputable projects could be admitted for implementation by a passive or overburdened supervising authority.
Formal decisions similar to the present building permits (these will be the so-called "decisions on investment registration") will be necessary with regard to investment projects that require previous examination in terms of environmental compatibility. Such investments will include, for example, buildings within areas covered by the Nature 2000 program. However, even here the supervising authority will in numerous cases have the discretion to abstain from a compatibility assessment.
Finally, there will be investments in respect of which neither notification nor building documentation will be necessary. Such investments will be connection points to communication nets (gas, electricity, water suply) as well as certain renovation and reconstruction works.
Neighbours will no longer be entitled to participate in proceedings for initiation of a construction investment.
Neighbours and legal entities whose rights and interests may be affected by a planned investment will no longer have the opportunity to participate in the proceedings unless the disputable project refers to areas covered by the Nature 2000 program or requires an environment compatibility examination on other legal grounds. Generally, third parties affected will not even be informed of notified investments.
