On 1st January 2017 the government passed the legislation from 16th December 2016 on the change of some of the regulations in order to enhance the legal conditions for entrepreneurs. It declares a further liberalization of the construction law and amends the public roads legislation. These are the key changes for developers and investors:
- simplification of the construction of the roads leading from the public roads to the private property,
- simplifications in realization of some of the construction, modification and renovation projects,
- shortening of the period to file an objection to a building application from 30 to 21 days,
- clarification of the conditions regarding no requirement to obtain the amendment to the building permission,
- facilitation in legalising the unauthorised construction plans.
Simplified procedure for building the roads leading from the public roads to private property
The decision regarding the building conditions of the locations for the construction of such roads, issued on the basis of art.59 of the law on spatial planning and development, is no longer required.
Construction of the roads leading from national roads to the private property and of the parking bays attached to these roads will no longer require a building permit, just the notification.
Construction of the roads leading from district and commune roads to the private property and of the parking bays attached to these roads will require neither the building permit, nor the notification.
Relaxed implementation of some of the construction projects
The relaxations, with regard to no obligation to obtain the building permit or notification, concern for instance:
- construction or reconstruction of the outhouses within the homesteads,
- construction or reconstruction of the sheds of the surface up to 35 sqm and of up to two such objects for each 500 sqm of the building plot,
- the residential pools and ponds of the surface up to 50 sqm,
- air conditioning installation,
- reconstruction of the buildings which require a building permit, except from the external partition walls and structural elements of the building,
- reconstruction of the single-family residential buildings, as long as it does not increase the overall area of these buildings.
New deadline for filling objections to the building applications
The new legislation introduces a stricter deadline to file an objection to a building application by the architectural and construction authorities from 30 to 21 days. Furthermore, it is possible for the competent authority to issue an earlier declaration (before the 21st day) that it will not be filing an objection to the building application. The architectural and construction authorities can also issue such declaration with regard to commencement of the use of the building object or the change in the manner of using it.
Clarification of the rules of amendment of building permit
The change in height, width or length of the building which is not of a linear character, is not considered a significant modification of the construction project or other conditions allowing the construction and does not require the amendment to the original building permit, if such modification does not exceed 2 % of the measurements specified in the construction project and satisfies other conditions (i.e. it does not infringe the technical and construction regulations).
Legalization of the individual construction plans
The deadline of 30 days to obtain the documents allowing to legalise the construction for an investor was abolished. From now on, it will be determined by the construction’s supervision authority.