– DIY or temporary solutions for garden design are short-sighted and difficult to implement – an increasing number of people who have undertaken to plan their own properties are realising this. And reversing changes such as large, haphazardly planted trees or extensive paved areas is not easy. Only by commissioning a specialist to prepare a design will we achieve the intended result, which will comply with the law and the provisions of the local spatial development plan – explains Wojciech Średniawa, chief designer at Polbruk. That is why it is best to commission a garden design as early as the house-building stage. This will not only allow the garden’s layout to be factored into the budget for the entire project, but also enable earthworks to be carried out whilst the building is under construction. As a result, the house and garden architects will be able to collaborate, achieving the best possible results. The approach where the owner commissions the garden design after the house has been completed is also common and can lead to success in the form of a dream garden.
This requires planning permission
Building regulations state that building permits are required for garden pavilions with a floor area exceeding 35 square metres. As for swimming pools or ponds, the threshold is 50 square metres and a depth of no more than 1 metre. In the case of a water feature, the owner must also apply for a water law permit. What if they are planning to build smaller structures or lay pavers?
This requires notification to the town hall or district office
If the planned gazebo, detached single-storey outbuilding, carport or home conservatory is 35 square metres or less, and the surface area of the pond is up to 50 square metres, the owner must notify the relevant authority of their intention to carry out the work before commencing it.
– Work aimed at hardening the ground without a building permit and without notifying the relevant authority – the district or town hall – may only be carried out on a building plot. The exemption from this obligation was abolished by the amendment to the Building Act on 28 June 2015. However, a driveway or car park cannot be constructed in any way whatsoever. The most important thing is that the works are carried out in accordance with the requirements regarding the minimum biologically active area that must be preserved on the plot. This area comprises all green spaces on the plot. The ratio of green space to built-up area is specified in the local spatial development plan or the conditions for development and land use (WZiZT). The construction of a paver surface around a house in other cases (e.g. for hardening on agricultural or forest land, constructing a structure not listed in the closed catalogue of building structures not requiring a building permit – Article 29(1) of the Building Act) and without the required notification may be considered unauthorised construction, and this entails unpleasant consequences – adds Wojciech Średniawa from Polbruk.
If the site has several co-owners, or if the works concern a pavement or land belonging to the local authority (or another road authority), their consent to the hardening of the ground must also be obtained. Another important consideration is ensuring that the compacted area is shaped in such a way that rainwater running off it is not directed onto a neighbouring plot. This applies to both private and public plots, such as roads. This does not, of course, apply if the developer has the consent of the owner of the neighbouring property for such drainage. In these respects, the designer’s experience is particularly important.
Notification is also required for the construction of a fence exceeding 2.20 m in height. It is worth noting that legal regulations in Poland prohibit fences less than 1.8 m high from having sharp tops (barbed wire, protruding bars, spikes).
These notifications must be submitted to the relevant district office or city council with district rights for the site of the works. Construction may commence after 30 days have elapsed, provided that during this period the district administrator or mayor has not responded to the notification with an objection to the construction. The notification should include a detailed description of the project, the scope of works and the start date, a declaration of the right to dispose of the property, and a conceptual sketch or design.
Under the Building Act, we may erect small-scale garden features in the garden without submitting a notification, including: shrines, statues, fountains, sculptures, swings, sandpits and bins. Garden features also include rockeries and brick or concrete garden barbecues.
Consequences
If the owner fails to obtain the required planning permission, they may be accused of unauthorised construction and, as a result, fined and forced to remove the structure. If, on the other hand, the structure has been built without the necessary notification to the authorities, the developer will be obliged to halt construction and provide expert reports and technical assessments of the work carried out. This is why it is so important to commission an architect to carry out the work, as this will help avoid costly mistakes, demolition or disputes with neighbours.
