keywords: building permit, map for planning purposes, as-built inventory
Building of own house is the dream of many people.
The realization involves not only the purchase of a plot of land and the construction of the building itself, but also the completion of a considerable amount of paperwork, in which surveying is an important aspect.
Before you start construction it is necessary to obtain a building permit (Decision). [1]
According to Article 28 of the Construction Law, construction work can only begin on the basis of a Construction Permit Decision [2] and a completed application submitted in person to an office or electronically via the E-construction portal.
The decision is issued by the architectural and construction administration authority based on the provisions of the Civil Procedure Code. The statutory waiting time for the issuance of a construction permit is 65 days at the longest. However, the total time to obtain the Decision is affected by many factors such as obtaining a map for planning purposes or the project itself, which is carried out on the basis of the Decision.
Once the Construction Permit Decision is obtained, a construction manager should be selected, and a construction logbook should be established, which is necessary to document the progress of the work.
When a building permit is needed:
- for the construction of a new building
- for expansion, superstructure or change of use of an existing building
For smaller projects, such as the construction of a building of up to 70m2, a garage, or a summerhouse, a construction notification under Art. 30 of the Construction Law. [3]
Required documents for application:
In three copies of each document in accordance with Article 33. of the Construction Law. [6]
- project of development of the plot or land
- architectural and construction project
- decision on the conditions of development and land use
- statement on the right to dispose of the real estate for construction purposes.
Important!
If you carry out construction work before receiving a construction permit decision, it will be an arbitrary construction.
Can the Authority refuse to issue a building permit? Yes, in the event that:
- the investor started the work independently before obtaining the permit
- there were deficiencies in the documentation
- there is a building object on the site, for which a demolition order has been issued
Who submits the application:
An investor applying for a building permit or making a notification is required to pay stamp duty and attach proof of payment to the application. The granting of a power of attorney is also subject to stamp duty. The stamp duty table is updated at www.gov.pl [1].
What is the role of the surveyor in the construction permit process:
- obtaining extracts and excerpts from the register (after receiving the appropriate power of attorney) – at the District Geodetic and Cartographic Center
- preparation of a map for planning purposes – it is prepared on the basis of a copy of the basic map and current measurements. The map is required to obtain a construction permit decision [4].
- carrying out as-built inventory – to the notice of completion of construction or application for an occupancy permit, the investor, among others, is obliged to attach geodetic documentation containing the results of the geodetic as-built inventory : map and information on the compliance of the location of objects with the development design of the plot of land or terrain with Article 57 paragraph 1 item 5. of the Construction Law. [5]
Where to find information about submitted applications and issued construction permits:
The register of applications and decisions can be found in the Main Office of Construction Supervision – https://wyszukiwarka.gunb.gov.pl/
A construction permit is an important document that has a certain time validity. From the moment of issuance, investments must be started within the first three years.In summary, the Decision is necessary in most cases, and obtaining it does not have to be difficult if you approach the subject responsibly with a qualified and experienced surveyor.
If you have questions about the building permit – contact us, we will help and assign the right person to assist you. 🙂
[1] https://www.biznes.gov.pl/pl/portal/ou34
[2] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/prawo-budowlane-16796118/art-28
[3] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/prawo-budowlane-16796118/art-30
[5] https://www.prawo-budowlane.info/–art-57-prawo-budowlane
[6] https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/prawo-budowlane-16796118/art-33