New regulations amending the April 12, 2002 decree on building technical conditions came into effect on August 1, 2024. These changes aim to ensure that buildings and their locations meet specific standards. What are the specific changes introduced, and how might they impact multi-family construction?
The decree of the Minister of Infrastructure from April 12, 2002, concerning technical conditions and the accommodation of buildings, is a legal act that enforces the Building Law. As per the provisions of this decree, any construction investments, including developer investments, should be carried out. The Minister of Development and Technology issued a regulation on October 27, 2023, introducing changes to the previous regulation regarding technical conditions to which buildings and their locations should meet. Originally the changes were supposed to come into force on April 1, 2024, but they ultimately started to apply from August 1, 2024.
Changes to building distance regulations
In the context of developer investments, the first crucial change is the specification of the permissible distance of buildings from the boundary of the plot on which they are located. The current regulations will still require the positioning of buildings at a distance of 4 m from the plot boundary if the building was facing the boundary with a wall with windows or doors and 3 m in the case of a building facing the wall without windows and doors.
However, from August 1, 2024, a new requirement was introduced to maintain a distance of 5 m from the plot boundary for a multi-family residential building taller than 4 above-ground stories, regardless of whether the wall is facing the boundary with windows or doors or not. Exceptionally, the legislator allows for the positioning of such buildings at a smaller distance of 1.5 m from the plot boundary if local spatial development regulations provide such an opportunity.
In parallel with the above change, the requirement has been introduced to maintain a minimum distance of 3 m from the plot boundary for balconies in multi-family buildings exceeding 4 above-ground stories. This distance applies to multi-family buildings facing the boundary both with a wall with windows or doors and without them, aiming to improve the comfort of residents of neighbouring buildings.
Definition of minimum utility premises area
The new regulations define the minimum area of utility premises. As stated in the justification for the draft of the new regulation, this is intended to counter situations “in which a building was constructed as, for example, a public utility building, ‘utility premises’ were separated in it, which are then sold as ‘investment units’, but are used like residential premises (they are small and do not meet the appropriate requirements for an apartment).”
Construction regulations have introduced several changes aimed at improving the comfort of residents and ensuring fair investment practices. The changes have been positively evaluated, sanctioning practices that have already been implemented by developers. However, their actual impact on spatial order and improving the comfort of property buyers will only be assessable a few months following their implementation in new developments.
Author: Lawyer Mateusz Groszyk, Chałas i Wspólnicy Law Firm
Source: https://ceo.com.pl/nowe-przepisy-techniczno-budowlane-w-walce-z-patodeweloperka-79227
