Three steps to… organize recreation on the water, that is, how to obtain an application for berthing on flowing waters of vessels intended for residential or service purposes

zorganizowania rekreacji

STEP I. Before you proceed with your intention

If you plan to moor a boat on the water and run a restaurant or hotel business on it, or if you plan to live on the boat yourself, you will need a water permit. In such a case, a water law notification will be required.

The provision refers to a ship, which means anything that floats, such as a vessel. Sailboat, powerboat, canoe, passenger ship, barge, etc.

A ship can dock on the water. Vessel as defined by other laws – means an inland waterway vessel, including a small ship or ferry, as well as a floating device and a marine vessel.

This means that the vessel – your vessel – must have a seaworthiness certificate and a registration document.

A certificate of seaworthiness is issued for vessels intended to carry cargo or passengers. You will obtain this document from the Inland Waterways Authority after submitting the proper documents.

STEP II. Necessary documents

Gather the necessary documents and apply for a water supply notification.

According to Article 394 of the Water Law, a water law notification is required for the berthing of vessels intended for residential or service purposes in flowing waters.

You will obtain a water law application at the appropriate 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;
  • a certificate 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.

Legally, it doesn’t matter where you plan to stop. The regulations apply to all flowing waters.

Nevertheless, you will have to demonstrate that:

  • It is possible to moor a ship safely,
  • The ship’s parameters do not pose a threat to other ships moving along the waterway, for example.

The consent of the owner of the water-covered land is not needed for the documents submitted at the application stage. If the application is complete and the authority has no doubts after 30 days you will receive a “certificate of no objection”.

STEP III. Works and operation

After obtaining an application, but before carrying out the work, you should obtain permission to enter the area. In the case of land administered by the State Water Company (Państwowe Gospodarstwo Wodne Wody Polskie), you will obtain such consent through a water use agreement.

Land covered by flowing surface water is given away by contract, and the law does not provide for a form of transfer of rights to dispose of land covered by water other than use. An application for a contract for the use of land covered by flowing surface waters is submitted to the director of the Regional Water Board. Obtaining an agreement for the use of land under water is time-consuming and, according to the Water Authority’s website, the timeframe for handling matters is up to 120 days (calculated from the submission of a complete application for an agreement).

You can proceed with the execution of the work in compliance with all other applicable regulations.

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