The draft Regulation amending (hereinafter: the ‘Amending Regulation’) the Regulation of the Minister of Infrastructure of 12 April 2002 on technical conditions to be met by buildings and their location (Journal of Laws 2002 No. 75 item 690) (hereinafter: the ‘Regulation’) is the government’s proposal for solutions to counteract the phenomenon of so-called ‘patho-development’.
The basic demands of the legislative initiative are:
(i) greater distances between blocks of flats on neighbouring registered plots,
(ii) greater distances between production and storage facilities and residential buildings,
(iii) reasonably planned parking spaces,
(iv) less ‘concrete’ and more greenery and nature,
(v) friendly playgrounds and recreational areas for people with special needs,
(vi) the minimum floor area of a commercial unit shall be 25 sq. m,
(vii) balconies that ensure privacy,
(viii) quieter flats using modern acoustic solutions,
(ix) adequate facilities for people with special needs,
(x) adequate space for bicycles and prams.
According to the wording of the Amending Regulation, the new provisions shall come into force on 1 January 2024. In accordance with the rule provided for in the transitional provisions, in the case of construction projects for which:
(i) an application for a building permit, an application for a separate decision on approval of a plot or land development project or an architectural and construction project, an application for an amendment to a building permit has been submitted,
(ii) a decision on the building permit or a separate decision on the approval of a plot or land development project or an architectural-construction project has been issued,
(iii) a notification of construction or execution of other construction works has been made, in the event that a decision on the building permit is not required,
(iv) a decision on legalisation referred to in Article 49(4) of the Construction Law and decisions referred to in Article 51(4) of the Construction Law has been issued, the existing provisions shall apply.
Warsaw, 4 October 2023
