Changes in the construction law in 2024

In 2024, a series of new regulations in the field of construction law will come into force, encompassing changes resulting from provisions announced by March 14, 2024. Amendments arise from changes to the regulation on technical conditions to be met by buildings and their location, and the regulation on the detailed scope and form of the construction project. Furthermore, in February of this year, the Ministry of Economic Development and Technology announced work on further updates to legal regulations affecting construction law. The aim of these changes is to improve the quality and safety of buildings. New regulations are aligned with modern ecological standards and current social needs.

From April 1, 2024, new regulations regarding the calculation of the total area as well as covered area took effect. According to the new regulations, the covered area will be reduced by the area of external parts of the building, such as ground-level terraces and those supported by columns, cornices, balconies and loggias. With regard to the calculation of the total area of the building, a change has been introduced mandating the deduction of the area of terraces, balconies and loggias.

Starting from August 1, 2024, the amendment introduces a requirement to include an analysis of technical and material solutions regarding acoustics in the technical project for single-family residential buildings with two premises, single-family terraced buildings or semi-detached buildings and multi-family residential buildings. The acoustic analysis should contain information on the assumed level of external noise affecting the building, as well as the level of noise and sound penetrating into the premises of the building, the level of acoustic insulation of the building’s partitions, especially between premises, and the building materials used to meet the new requirements. New regulations are intended to oblige investors to provide proper sound insulation in residential properties.

At the same time, new regulations on the technical conditions to be met by buildings and their location will also come into force. The amendment increases the distance between buildings with more than 4 floors above the ground. The distance of such a building from the plot boundary must be at least 5 meters, regardless of whether the wall facing the boundary has doors or windows. Meanwhile, a balcony in such a building must be at least 3 meters away from the plot boundary. If the building faces the plot boundary with a wall without windows or doors, the new regulations allow for this distance to be reduced. In such a case, the building may be situated up to 1.5 meters from the plot boundary or directly adjacent to it, provided that the local spatial development plan allows this.

The minimum distance between the walls of a new production or warehouse building with a covered area exceeding 1000 sqm and the walls of an existing single-family or multi-family residential building will change to 30 meters. This rule also applies to a planned single-family or multi-family residential building for which a final building permit has been issued or a building notice has been filed.

Another change aims to increase privacy on balconies. If the balconies of adjacent apartments in a multi-family building are located on the same balcony slab, a full vertical partition must be installed between them. This partition should be at least 2.2 meters high and 2 meters wide (or the width of the balcony if it is smaller).

The amended regulations introduce a requirement to designate rooms with a minimum area of 15 sqm for storing bicycles or baby carriages in multi-family residential buildings. The construction of a separate outbuilding, shelter or gazebo for such purposes will be allowed.

New regulations set the minimum area of a commercial premises at 25 sqm to better meet the needs of customers and owners of service and retail spaces by providing sufficient size. However, there are several exceptions to this rule. It is permissible to designate a commercial premises with a smaller floor area if it is located on the ground floor or first floor of the building and has direct access from the outside. This change does not apply to buildings where the commercial premises will be designated before August 1, 2024, or where a building permit was issued before this date.

An organizational change has also been introduced regarding parking spaces for passenger cars used exclusively by disabled persons. For each investment, the number of parking spaces designated for disabled people, which may be located close to building windows, will constitute a maximum of 6% of the total number of parking spaces (but not less than 1).

According to the new regulations, it is mandatory to provide a playground when constructing a multi-family residential building or a complex of such buildings if the number of apartments exceeds 20. The playground should be located in a sufficiently sunny area: at least 2 hours (from 10 AM to 4PM) for areas outside the city and at least 1 hour for urban areas. At least 30% of the playground area should be biologically active. Additionally, the legislator has introduced the requirement to plan the minimum playground area in relation to the number of apartments in the multi-family residential building or complex of such buildings.

For a better living environment, the new regulations expand the scope of required green areas in each investment. On plots intended for the construction of multi-family residential buildings, at least 25% of the plot area must be arranged as a biologically active area, unless the local spatial development plan specifies a different percentage.

On February 29, 2024, the Minister of Economic Development and Technology presented another draft amendment to the Construction Law Act and certain other acts. According to government representatives, despite numerous changes to the construction law in recent years and the simplification, formalization and digitization of the investment process, there are still regulations that do not correspond to the complexity of investments.

In the latest list of legislative and program work of the Council of Ministers, planned changes include, among other things, clarifying the provisions regarding the notification of the construction and reconstruction of single-family residential buildings with a building covered area of up to 70 sqm. It is envisaged to introduce a provision enabling architectural and construction administration authority to verify whether the notification actually concerns the construction or reconstruction of such a building.

Additionally, the construction of backyard shelters and ad hoc hiding places with a floor area of up to 35 sqm, which are intended to protect residents of single-family houses in the event of, for example, a military attack or extreme weather events, will be regulated.

The proposed regulation expands the catalogue of building objects and construction works exempt from the obligation to obtain a building permit, while requiring notification. Among these are non-drainage tanks for rainwater or meltwater with a capacity of up to 15 cubic metres, small retail kiosks and street sales pavilions with a building covered area of up to 15 sqm, free-standing communication buildings and telecommunications containers, and technical installations along with masts on buildings used to generate electricity from wind energy for own needs or to feed into the grid, with a capacity of 50 kW, i.e. not exceeding the capacity of micro-installations.

To the list of investments exempt from the need to obtain a building permit and not requiring notification, it is planned to add, among others, non-drainage tanks for rainwater or meltwater with a maximum capacity of 5 cubic meters, flagpoles and masts for monitoring cameras up to 7 meters high located on the ground, and the construction of small buildings at sports fields, courts, and tracks (such as changing rooms, small stands, shelters for benches, including reserve benches).

Introduced in 2024 changes to the construction law aim to meet the growing social needs related to housing, as well as to adapt urban spaces to current living standards and improve quality of life. Further prepared regulations are intended to facilitate and accelerate the investment and construction process, as well as reduce the burden on investors and architectural and construction administration authority and building control, which is expected to improve their functioning.

Marta Polkowska
Senior Maintenance and Development Specialist
SARFiN System Data Administrator