Consent to the construction of drainage facilities for the construction facility. Is such approval required and when, and in what form will it be given? What approval is required for the construction or reconstruction of a drainage ditch?
Step I. Before you proceed with your intention
If you are planning to construct a building and it will require drainage, you will need to obtain the appropriate water notification. Importantly – you will obtain a notification only if the extent of the impact of drainage facilities does not extend beyond the boundaries of the land you own.
Remember!
If the extent of the drainage facilities will extend beyond your plot, you will need to obtain a water permit.
The construction of new ditches – drainage devices – in the road lane is not subject to a water law notification. Road drainage ditches, as defined in Art. 16 of the Water Law, are included in water facilities. For their implementation, the law provides for a water permit procedure.
Only in the case of reconstruction or reconstruction of already existing drainage facilities located in the road lane of public roads can you use the procedure of water law notification.
Remember!
These are important delineations that will allow you to properly plan the scope of the water approvals to be obtained and will not expose you to additional costs associated with the reworking of erroneously submitted applications.
Step II. Necessary documents
Gather the necessary documents and apply for a water supply notification.
Pursuant to Article 394 of the Water Law, a water law notification is required prior to the construction of facilities for the drainage of construction objects, with an impact range that does not extend beyond the boundaries of the land that the plant owns.
Water Law Notification. you will obtain at the relevant unit of the Polish Water Authority – at the nearest Water Authority.
The application must include basic information such as:
- Who = enter your contact/address information;
- For what purpose = specify the purpose of the planned activities, works;
- On whose land = determine the legal status of the property on which activities, works will be performed;
- How = describe the work to be performed, indicating the basic parameters that characterize it and indicate the conditions for its execution;
- Where = specify the location of the activity, works with the name or number of the cadastral precinct with the number or numbers of the cadastral parcels and coordinates;
- When = specify the planned date for the start of the work or activity.
Attach to the application:
- a situational and altimetric map downloaded from the state geodetic and cartographic resource with a plot of the planned activities, works or water facilities and the extent of their impact, or another map bearing the appropriate official clause by the authority of the Geodetic and Cartographic Service;
- relevant sketches or drawings;
- extract and extract from the local zoning plan, and if there is no such plan, a decision on the location of a public purpose investment or a decision on development conditions;
- confirmation of payment of the fee for the water law consent, which amounts to PLN 100.23 and is paid to the account of the Polish Water Authority.
Remember!
If the project involves simultaneous activities requiring a water permit and a water permit notification, both applications are handled in a single proceeding, which ends with the issuance of a water permit.
Step III. Works and operation
You can proceed with the execution of the work in compliance with all other applicable regulations.
Remember!
The owner of the land may not change the direction and intensity of the outflow of rainwater or snowmelt located on his land, or the direction of the outflow of water from springs, if this involves harm to neighboring land.