What buildings can be built without a building permit?
Construction law regulations allow for the construction of certain facilities without a building permit. It is undoubtedly a certain convenience and minimizes the requirements for investors. It is mainly about small buildings that are more functional and recreational. What buildings can be built without a building permit? Answer below.
Changing the provisions of the Construction Law - no building permit, but notification required
Pursuant to the Act amending the provisions of the construction law of February 13, 2020, the provisions of which have been in force since September 19, 2020, Art. 29 of the Building Law.
In accordance with the currently applicable content of the above-mentioned the provision does not require a building permit, but requires the notification referred to in Art. 30 of the Act - Construction Law, construction:
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detached single-family residential buildings, the impact area of which is entirely within the plot or plots on which they were designed;
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networks:
- electricity, rated voltage not higher than 1 kV, water supply,
- sewerage,
- thermal,
- gas with a working pressure not higher than 0.5 MPa;
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free-standing one-story buildings of transformer stations and container transformer stations with a building area of up to 35 m2;
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construction works, not listed in points 2, 3 and 5-30 and in par. 2, located in closed areas, determined by the decision of the Minister of National Defense or the minister responsible for internal affairs, with the exception of residential buildings, collective residence and public utilities;
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sewage treatment plants with a capacity of up to 7.50 m3 per day;
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septic tanks for liquid waste with a capacity of up to 10 m3;
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temporary construction works not permanently connected to the ground and planned for demolition or relocation to another location - within the time limit specified in the notification, but no later than 180 days from the date of commencement of construction specified in the notification;
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platforms up to 25 m in overall length and up to 2.50 m high, from the deck crown to the bottom of the basin;
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liquid gas tank installations with a single tank with a capacity of up to 7 m3, intended for supplying gas installations in single-family residential buildings;
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cable drainage;
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exits from national and provincial roads and parking bays on these roads;
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construction structures used directly for the performance of activities regulated by the Act of June 9, 2011 - Geological and mining law in the field of exploration and recognition of hydrocarbon deposits;
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water damming and discharge structures with a damming height of less than 1 m outside inland waterways and outside the area of national parks, nature reserves and landscape parks and their buffer zones;
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free-standing:
- one-story farm buildings,
- garages,
- world
- with a building area of up to 35 m2, and the total number of these objects on the plot may not exceed two for every 500 m2 of the plot area;
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backyard:
- porches,
- orangery (winter gardens)
- with a building area of up to 35 m2, and the total number of these objects on the plot may not exceed two for every 500 m2 of the plot area;
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free-standing one-story buildings for individual recreation understood as buildings intended for periodic rest, with a building area of up to 35 m2, and the number of these facilities on the plot may not exceed one for every 500 m2 of the plot area;
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one-story buildings with a development area of up to 35 m2, serving as facilities for the ongoing maintenance of railway lines, located on areas owned by the State Treasury, located in the Natura 2000 area;
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utility buildings with an area of development up to 35 m2, with a construction span of no more than 4.80 m, and ponds and water reservoirs with an area not exceeding 500 m2 and a depth not exceeding 2 m from the natural surface of the land, intended only for forest management purposes and located on State Treasury forest land located in the Natura 2000 area;
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parking spaces for passenger cars, up to and including 10, located in the Natura 2000 area;
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school playgrounds and sports fields, tennis courts, running tracks for recreation;
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fencing more than 2.20 m high;
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home ground terraces with a building area of over 35 m2;
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connections:
- power engineering,
- water supply,
- sewerage,
- gas,
- thermal,
- telecommunications
- subject to Art. 29a;
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technological channels, within the meaning of art. 4 point 15a of the Act of March 21, 1985 on public roads =, in the road lane as part of the road reconstruction;
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charging stations, within the meaning of Art. 2 point 27 of the Act of 11 January 2018 on electromobility and alternative fuels, excluding the charging infrastructure for public road transport within the meaning of Art. 2 point 3 of this act;
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disinfection basins, including disinfection basins with a roof;
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post foundation for telecommunications cable lines;
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small architecture objects in public places;
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outbuildings related to agricultural production and supplementing the farm buildings within the existing habitat plot:
- manure storage plates,
- airtight tanks for liquid manure or slurry,
- ground silos for loose materials, with a capacity of up to 30 m3 and a height of not more than 7 m,
- silage silos;
- LNG regasification stations with a gas storage tank capacity of up to 10 m3.
It should be emphasized that the construction of the above-mentioned facilities is possible without a building permit, but requires the investor's notification.
Notifications of construction or other construction works are made to the architectural and construction administration authority. The notification should specify the type, scope, place and manner of execution of construction works and the date of their commencement. It must be accompanied by the documents indicated in Art. 30 sec. 2a of the Building Law Act.
Change of the construction law - without a permit and without notification
In turn, without a building permit and without notification, it is possible to build:
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outbuildings related to agricultural production and supplementing the farm buildings within the existing habitat plot:
- one-story farm buildings with a development area of up to 35 m2, with a construction span of no more than 4.80 m,
- container dryers with a building area of up to 21 m2;
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shelters with a building area of up to 50 m2, located on a plot with a residential building or intended for housing construction, and the total number of these shelters on the plot may not exceed two for every 1000 m2 of the plot area;
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free-standing gazebos with a development area of up to 35 m2, and the total number of these objects on the plot may not exceed two for every 500 m2 of the plot area;
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allotment gazebos and farm buildings referred to in the Act of December 13, 2013 on family allotment gardens;
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bus shelters and platform shelters;
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one-story buildings with a development area of up to 35 m2, serving as facilities for the ongoing maintenance of railway lines, located on areas owned by the State Treasury, with the exception of buildings located in the Natura 2000 area;
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parking spaces for passenger cars, up to and including 10, except for those located in the Natura 2000 area;
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farm buildings with an area of development up to 35 m2, with a construction span of no more than 4.80 m, and ponds and water reservoirs with an area not exceeding 500 m2 and a depth not exceeding 2 m from the natural surface of the land intended solely for forest management and located on land forests of the State Treasury, except those located in the Natura 2000 area;
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free-standing telephone booths, telecommunications cabinets and posts;
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self-powered parking meters;
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exits from poviat and commune roads and parking bays on these roads;
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culverts with an internal cross-section up to 0.85 m2;
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home swimming pools and ponds up to 50 m2;
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construction objects which are devices for water drainage;
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coastal bands and other artificial, surface or linear fortifications of the banks of rivers and mountain streams as well as the sea shore, the shore of internal sea waters, not constituting retaining structures;
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ramps intended for disabled people;
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telecommunications cable lines;
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measuring devices, including fences and internal roads, of the state hydrological and meteorological service and the state hydrogeological service:
- posts: gauges, meteorological, rainfall and groundwater,
- points: observation of groundwater levels and groundwater quality monitoring,
- observation piezometers and encapsulated sources;
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small architecture objects, with the exception of small architecture objects in public places;
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fences not exceeding 2.20 m in height;
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facilities intended for temporary use during the execution of construction works, located on the construction site, and setting up barracks used in the performance of construction works, geological surveys and geodetic measurements;
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temporary construction works constituting only exhibition exhibits, without any utility functions, located on areas designated for this purpose;
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geodetic signs, as well as triangulation objects, outside the area of national parks and nature reserves;
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field construction facilities, in particular defensive posts, crossings, earthworks, fortification structures, temporary installations and container facilities, located in closed areas designated by the Minister of National Defense to conduct military exercises using field camps and fortifications of the area to pretend to conduct direct combat;
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housing of groundwater intakes;
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charging points, as defined in Art. 2 point 17 of the Act of 11 January 2018 on electromobility and alternative fuels, excluding the charging infrastructure for public road transport within the meaning of Art. 2 point 3 of this act;
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devices located in the road lane of public roads, including foundations, supporting structures and associated equipment elements:
- for road management, including the implementation of intelligent transport systems,
- for road traffic management, including road safety devices,
- referred to in Art. 13o paragraph 1 and art. 20 g of paragraph 1. 1 of the Act of March 21, 1985 on public roads;
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ATMs, ticket machines, cash deposit machines, vending machines, automatic parcel storage machines or machines used to perform other types of services up to 3 m high, inclusive;
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container facilities with installations and connections and networks related to them:
- electricity,
- water supply,
- sanitary sewage system,
- thermal
- located in closed areas designated by the decision of the Minister of National Defense;
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above-ground tanks being construction objects, used to store class III liquid fuels, for the user's own needs, with a capacity of up to 5 m3;
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home ground terraces with a development area of up to 35 m2;
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ponds and water reservoirs not exceeding 1000 m2 and not exceeding 3 m deep, located entirely on agricultural land.
Start a free 30-day trial period with no strings attached! Therefore, without a permit and notification, you can build free-standing single-storey outbuildings, such as garages, gazebos, backyard porches, orangeries, terraces or sheds.
Of course, before starting the investment, it is necessary to verify the local spatial development plan in terms of whether it allows for specific development on the property. In the absence of a local spatial development plan, it is necessary to apply to the competent commune head, mayor of cities for a decision on building conditions and land development.