On 3 June 2023, the Act of 9 May 2023 entered into force. on the amendment of the Act on the Management of Agricultural Property of the State Treasury, the Act – Construction Law and the Act on Railway Transport (Journal of Laws 2023 item 967) (hereinafter: the ‘Amending Act’ or ‘Amendment’).
The subject of the issue is the modification of the construction procedure of grain silos and other construction facilities related to agricultural production.
The postulates of the Amendment are:
(i) bulk silos with a capacity of up to 250m3 and a height of no more than 15m, a notification shall suffice without the need for a building permit,
(ii) single-storey utility buildings and sheds of simple construction, associated with agricultural production, with a built-up area of up to 150m2 with a construction span of not more than 6m and a height of not more than 7m, having an impact area entirely within the plot or plots on which they are designed, without the need for a building permission and a notification,
(iii) single-storey utility buildings and sheds of simple construction, associated with agricultural production, with a built-up area of up to 300 m2, with a construction span of not more than 7m and a height of not more than 7m, having an impact area entirely within the plot or plots on which they are designed, a notification is sufficient without the need for a building permission,
(iv) the construction of the aforementioned structures does not require the presence of a participant in the construction proces, i.e. a construction manager,
(v) notifications for the aforementioned construction facilities do not require design documentation, as technical documentation is sufficient.
The changes introduced are aimed at facilitating the investment and construction process carried out on the areas of farms. In practice, it would be reasonable to clarify the definition of agricultural production in order to avoid a situation in which persons without the status of a farmer who do not engage in agricultural activity benefit from the Amendment.
17 July 2023.
