Case 1.
My client asked me whether building a driveway requires special permits. What can I tell him?
Pursuant to Article 29(4)(4) of the Act of 7 July 1994 – Building Law
(Journal of Laws of 2020, item 1333, as amended, hereinafter referred to as the Building Law), a building permit or notification to the competent administrative authority is not required for construction works involving the hardening of the ground surface on building plots.
It is worth noting that, in accordance with the judgment of the Provincial Administrative Court in Warsaw of 30 October 2014 (case no. VII SA/Wa 885/14), there are no restrictions whatsoever regarding the paved area, the manner in which the plot is to be paved, or, even less so, the purposes for which it is intended.
It should be noted in passing that an exception to the rule set out above is provided for in respect of buildings and areas entered in the register of monuments
(Article 29(7) of the Building Law). In these cases, either a building permit (for a building) or a notification (for an area) will be required.
Case 2.
Is the Building Law being amended? Where should I check for updates and how significant are they for my professional work?
The Act of 7 July 1994 – Building Law (Journal of Laws of 2020, item 1333, as amended), like any other legal act, may undergo greater or lesser changes, which are made by means of an amending act, known as an ‘amendment’.
Assuming that most of us do not have access to legal software, the best way to keep track of any changes that may occur to the aforementioned Act is to visit the website of the Sejm of the Republic of Poland and then click on the ISAP (Internet System of Legal Acts) tab - https://isap.sejm.gov.pl/isap.nsf/search.xsp.
Given that we cannot predict what changes and to what extent the legislator intends to introduce in the future, it must be stated that keeping track of them is an essential part of a news reporter’s work.
Case 3.
Street furniture and building law – what should I know about this?
First and foremost, we should be aware that the Act of 7 July 1994 – Building Law (Journal of Laws of 2020, item 1333, as amended, hereinafter referred to as the Building Law), in defining the concept of small-scale architecture
(Article 3(4)), by using the phrase ‘in particular’, contains a so-called open catalogue of small structures to which this attribute may be applied.
Thus, when constructing a specific, small structure, we will have to determine on a case-by-case basis whether it falls within the definition of a small architectural structure. This is significant because, pursuant to Article 29(2)(19) of the Pb, a small-scale architectural structure, with the exception of such structures in public places, does not require a building permit or notification to the competent administrative authority.
