“Water” in the government’s draft amendment to the Law – Construction Law

On June 1, 2023. The Sejm of the Republic of Poland has received for consideration a government bill on amendments to the Construction Law and several other laws (print: 3336).

According to the draft, it aims to introduce a number of simplifications, including the following. Exemptions from the requirement to obtain a building permit upon notification for the construction of water supply and sewerage networks; concerning the construction of houses up to and above 70^sqm; the construction of domestic shelters; the installation of agricultural biogas plants; micro wind installations with a total height of more than 3 m and no more than 12 m.

Construction law – proposed changes related to water

Among other things, the draft proposes amendments to the Construction Law relating directly or indirectly to water issues.

It will be possible to build by application (without the need for a permit):

• Drainless tanks for rainwater or snowmelt with a capacity of more than 5^m3 and no more than 15^m3;
• culverts with a length of no more than 20 m and an internal cross-section of more than 0.85^m2 and no more than 3^m2;
• Outlets to natural watercourses;
• backyard above-ground terraces with a construction area of more than 35^m2(both covered and uncovered).

A building permit decision and construction notification will not be required:

• Drainless tanks for rainwater or snowmelt with a capacity of no more than 5^m3;
• swimming pools and ponds with a surface area of no more than 50^m2 (it is specified that the reference is to swimming pools next to residential buildings and next to buildings for individual recreation);
• swimming pools with an area of no more than 15^m2, but only located on the territory of family allotment gardens;
• ponds with an area of no more than 10^m2 and a depth of no more than 1 m, located on the territory of family allotment gardens.

The new Construction Law expands the catalog of objects subject to mandatory as-built inventories, among others. o:

• Drainless tanks for rainwater or snowmelt with a capacity of no more than 15^m3;
• water and sewage networks.

The draft Construction Law also proposes to streamline the process of commissioning single-family dwellings to meet one’s own housing needs that cannot be connected to the water and sewage system, despite the inclusion of this in the draft, due to the distant plans of the company responsible for the network. In such a case, it would be possible to obtain an occupancy permit, despite the building not being connected to the relevant networks. For example, the investor could use the building for its intended purpose, making, for example, a well and a leak-proof tank for wastewater.

Current work on the government’s draft amendment to the Construction Law

On June 13, 2023. The government draft amending the Construction Law has been referred to the Infrastructure Committee for first reading. It was held at meetings on July 5 and 11, 2023.

According to a report dated July 11 this year. The Infrastructure Committee decided to reject the project.