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Noise is one of the biggest nuisances of living in a big city. According to the World Health Organization, noise pollution is the second largest civilization cause of ill health after smog. When buying or renting a property, it is worth examining acoustic conditions in the property and its surroundings. It is also good to read the planning documents to find out if there are any troublesome investments planned near the place we are interested in that will have a bad impact on our well-being and health in the future.

NOISE – A NUISANCE OR A REAL THREAT?

Noise is a term for excessive sound influence, which in the long term negatively affects human and animal activities. Long-term noise is one of the environmental pollutions, among others like waste, sewage, air and water pollution and light pollution. Not only it is a nuisance that decreases life comfort, but also seriously affects biodiversity, concentration at work, cognitive development of children, physical and mental health, and even human life expectancy. In contrast with easily detectable pollutants such as smog or waste, noise is an invisible enemy, and its constant impact accumulates like radiation and affects the whole body. There are three main categories of man-made noise: roadway, industrial and noise inside buildings. The first two are called environmental noise and they are matters of special interest to such agencies as WHO, EU and municipal offices. As defined in Directive 2002/49/EC of the European Parliament and of the Council of June 25, 2002 relating to the assessment and management of environmental noise, environmental noise shall mean ‘unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity’. However, in scientists’ eyes, noise inside buildings can be even greater burden on the body due to its duration, as we spend most of our time in confined spaces.

We are exposed to this noise in buildings such as shopping centres, supermarkets and other public buildings, as well as in means of transport – especially on board aircraft and in the subway. Unfortunately, it can also occurs in places where people spend many hours every day – in schools, open space offices, and even in residential buildings.

IMPACT OF NOISE POLLUTION

There are many effects of noise pollution. Firstly, the well-being of wild nature is deteriorating. Secondly, it has a significant effect on human mood and health. We are so accustomed to many types of long-term and less intense noise that we tolerate or even ignore it.

Stress, anxiety, nervousness, depression, reduced productivity and efficiency, Chronic Fatigue Syndrome, as well as memory and concentration loss are common effects of prolonged exposure to noise experienced by most city dwellers. The most commonplace serious and irreversible health problem is hearing loss (NIHL). Other typical health problems include hypertension, heart disease, insomnia, digestive disorders, metabolic problems, memory impairment, neurosis, vision disorders and diabetes.

Children are particularly vulnerable to the health effects of prolonged noise that causes their mental development disorders. It has been shown that children living near noisy airports or streets suffer from stress and memory impairment in particular. Another group of the particularly vulnerable are young adults – often renting apartments on busy streets.

In addition, people who work in open space offices, schools, shopping malls, on the construction site, in industry and in means of transport are also especially vulnerable. The group of increased risk also includes the elderly, the sick and pregnant women. Noise has an extremely negative effect on the development of the fetus by increasing the level of stress in the pregnant woman. According to the European Environment Agency’s report Noise in Europe, one in four Europeans is exposed to road noise levels above the EU limit of 55 dB Lden on a daily basis. According to the same report, noise causes sleep disturbances in more than 13 million EU citizens, 72 000 hospitalisations and 16 600 premature deaths in Europe each year.

NOISE METERS

The noise level is measured in decibels [dB]. This unit objectively determines how loudly it is in the environment. The subjective perception of sound depends on both the actual noise level and the sound intensity compared to other ambient sounds. Depending on the prevailing conditions, the human ear increases or decreases its sensitivity. For example, during an evening rest at home, there may be a nagging sound that would not disturb during the day. At night, even too loud noise of the refrigerator, ventilation or elevator disturbs healthy sleep. Therefore, the legislation sets different permissible levels of noise in the environment for the time of day and night. Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise introduced the term of noise indicator. It means ‘a physical scale for the description of environmental noise, which has a relationship with a harmful effect, where harmful effects shall mean ‘negative effects on human health’. The directive lists four indicators. Lden is the noise indicator for overall annoyance, adjusted for different sensitivities in the morning, afternoon and night. Lday defines annoyance during the day, Levening – in the evening, Lnight – at night. The European Union defines the level of long-term exposure to noise as high if it reaches 55 dB according to the Lden index and 50 dB according to the Lnight index, so we could say the noise pollution starts from these values. In Polish law, the Ldwn and Ln indicators apply to the control of long-term average sound levels. According to the Act of 27 April 2001 Environmental Protection Law, they are used to compile strategic noise maps and environmental noise protection programs. Ldwn takes into account all days of a year and all parts of a day (24 hours). It is used to determine the general annoyance of noise. The Ln indicator takes into account all nights of a year (night time is from 22.00 to 6.00). This indicator is used to determine sleep disorder.

To determine and control the conditions of using the environment in relation to single day, the Act distinguished LAeq and LAeq N indicators – that mean an equivalent sound level for the time of day (in this case from 6.00 to 22.00) and for the time of night respectively.

The level of sound intensity at which we begin to feel discomfort is considered to be 55 dB, and long-term noise at the level of over 75 dB is absolutely harmful to health. For comparison, the rustle of leaves is a sound at the level of 15 dB, ordinary conversation – 40 dB, motorcycle engine – 80 dB, low-flying passenger plane – 85 dB, electric lawn mower and subway train – 90 dB, drill – 100 dB, loud concert – 110-120 dB, thunder and jet take-off – 120 dB, alarm siren – 140 dB, and firecracker explosion – 160 dB.

In addition to the noise sources located outside the building, against which the external partitions are to protect, an important issue is also air and impact noise generated by building dwellers and installation noise (pumps, furnaces, elevators, ventilation, etc.). The impact noise in poorly designed buildings is felt far from the source – vibrations are transmitted through the structure even at a distance of many floors. The permissible level of noise in rooms where people stay, generated by technical equipment devices and caused by the operation of service premises is regulated by the PN-B-02151 standard (part 2) – it sets the permissible values of the equivalent and reference maximum noise level in buildings, incl. residential buildings, hotels, schools and hospitals. The standard also regulates the requirements for sound insulation in buildings. According to WHO guidelines, there should be less than 30 dB in the bedroom at night to ensure good sleep quality, and less than 35 dB in classrooms to ensure good teaching and learning conditions.

SOLUTIONS

The level of noise pollution depends largely on the actions of the city. The solutions introduced by the municipal authorities include, among others, the installation of acoustic screens on roads and railway lines, although this solution has many opponents due to the destruction of the city’s landscape. Today, well-judged strategic actions and reducing the noise sources are more valued.

Such activities include investing in modern urban infrastructure like electric and hybrid vehicles, low-noise asphalt or green tram tracks. Strategic actions also include appropriate spatial planning adapted to the different acoustic sensitivity of individual areas, preserving quiet areas, development of bicycle networks, Park & Ride car parks, carpooling, limiting vehicle traffic in the centre, reducing truck thoroughfares, lowering the permissible movement speed and introducing quiet hours at airports. Solutions for buildings include acoustic insulation of buildings, for example using special acoustic screens, green walls, soundproof windows, as well as the use of mechanical ventilation.

What we can do in person for our protection is protecting our ears with earplugs or noise-cancelling headphones when being in a noisy place, paying attention to the volume of household appliances and electronics, and making a right choice about place to live. Before choosing a property, it is worth verifying the acoustic standard of the building. Good acoustics are guaranteed by tenement houses, while in prefabricated blocks good acoustic practices are usually not preserved. Unfortunately, also in new construction there are often too thin walls and building materials that do not meet acoustic requirements (e.g. polystyrene instead of mineral wool used to silence ceilings). If we have doubts about the acoustics in the property, it is worth analysing the construction documentation with an expert, and in older apartments you can make construction measurements. Another way which can help with the right choice is to interview potential neighbours, that not only will help us assess the level of noise coming from the street or the acoustics of the building, but also will evaluate the behaviour of other residents. It is worth remembering that even met standards will not protect us from too loud neighbours. Additionally, when planning a purchase or rent, it is worth coming to inspect the property during the hours when we expect noise. You can also use the phone app to measure the noise level. Moreover, it is recommended to pay attention to any sources of noise in the environment and to analyse the available official documents. Strategic noise maps can help to verify the level of noise reaching the apartment from the outside.

If we are already residents of a property and we have encountered a not very annoying noise, simple arrangement procedures such as heavy curtains, fluffy carpet and photo wallpapers are helpful. The more objects scattering and muffling sounds there are in the apartment, the quieter it can be. If the noise is more annoying, only a major renovation can help. It is possible to soundproof the apartment by putting acoustic mats or cork to the floor, making a dropped ceiling, and insulation with mineral wool. It is also good to purchase front door and windows with high Rw coefficient or to enclose the existing doors with upholstery or special sandwich slabs, as well as to put double front door and enclose the balcony with roller blinds or window shutters (in case of the consent of the housing association). Alternatively, you can also set acoustic screens, nevertheless this solution is expensive and reduces the usable area of the apartment by several meters.

NOISE MAPS

According to the Environmental Protection Law of 27 April 2001 and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and control of environmental noise levels, there is an obligation to prepare noise maps for:

• agglomerations with more than 100 000 inhabitants,
• major roads which have more than 3 000 000 vehicle passages a year,
• major railway which have more than 30 000 train passages per year,
• major airports which have more than 50 000 movements per year.

The noise map has an informative function and it is the basis for the development of the Noise Protection Programme. It contains information about the level of traffic and usually also industrial noise according to the Ldwn and Ln indicators. It is worth to become acquainted with it if you plan to live in a big city. Usually, cities make it available on their geoportal with the possibility of searching an address. There are examples of projections from noise maps below.

FIGURE 1. STRATEGIC NOISE MAP OF THE CITY OF WARSAW

source: Strategic noise map of the City of Warsaw, mapa.um.warszawa.pl

FIGURE 2. NOISE MAP OF THE CITY OF GDAŃSK

source: Portal of permanent monitoring of traffic noise of the City of Gdansk, mag.bmt.com.pl

Cities often provide both immission and emission maps. To see the volume of sound that reaches a location, after taking into account the terrain and other factors, select the immission map. In addition, there are also sensitivity maps that illustrate noise limit values in different parts of the city.

Weronika Przypaśniak
Junior Specialist in Research and Market Service

Amendment to the Construction Law Act consists of a number of changes announced successively in 2022. The announcement of the Marshal of the Sejm, dated March 10, 2023, on the publication of the unified text of the Act lists 7 acts, the amendments of which will affect this sector of the economy. The new regulations provides for numerous changes, among which the most important are the extension of the catalogue of construction objects that do not require a building permit, as well as modifications to the rules for commissioning construction objects and the regulation of the functioning of IT systems supporting the construction process electronically.

As of January 1, 2022, the construction of a single-family house of covered area up to 70 sqm on one’s own plot requires only a notification. The amendment introduces the possibility of building a single-family house with an area exceeding 70 sqm without a building permit, as long as the aim is to meet one’s own housing needs. Prior to the commencement of the construction of building, it will be required to submit a notification to the architectural and construction administration authority with an architectural design and to notify the construction supervision authority of the planned date of commencement of works. Building a house of more than 70sqm will require the participation of a construction manager, who will confirm readiness for habitation during the acceptance. The updated legislation will put an end to the legal duality that differentiates the formal procedures required for the construction of single-family buildings depending on their covered area. Importantly, the construction of a house without a building permit will concern buildings with a maximum height of two floors.

At the beginning of 2023, a significant change was introduced removing the requirement to obtain the use permit for selected construction objects. Use permit will only be required if the building is to be used before all construction work is completed, and if the investor voluntarily requests it, although the use permit decision is not required. Before using the building, it is necessary to submit a completion of construction notification and enclose, among others: the technical design, protocols of tests and inspections of: connections and installations, ensuring use of the building in accordance with its intended purpose, geodetic documentation including the results of the as-built geodetic inventory and information on compliance of the location of the construction object with the plot or land development plan or deviations from this plan, as well as a copy of the energy performance certificate. It is also planned to introduce the obligation to attach photographic documentation made by the construction manager, which will allow verification of the execution of the building object in accordance with the architectural design. The new regulation is intended to allow investors to use newly constructed buildings earlier.

The Electronic Construction Logbook (EDB) system has been in operation since 27 January 2023, but its use is not mandatory. Currently, the investor has the choice whether to keep a construction log in paper or electronic form via the EDB platform. It is the investor who is responsible for the ongoing investment and making the logbook available to other participants of the construction process. As of January 1, 2030, it will be mandatory to switch to an electronic version of the construction logbook.

As of January 1, 2023, it is also possible to maintain the Digital Construction Object Book (c-KOB). The platform is to be used by property owners or managers to record, among others, information about the construction object, inspections carried out, expert opinions issued, construction disasters, construction works related to the construction object after commissioning, and decisions, resolutions and certificates issued by public administration authorities concerning the construction object. According to the amendment, until December 31, 2023, the owner or manager of a construction object may establish a book of a construction object in paper form. The complete transition to the electronic version of the book is to take place at the beginning of 2027.

The amendment regulates the functioning of the Central Register of Persons Holding Building Qualifications (e-CRUB) operating since August 1, 2022, which replaced the previous register of persons with building licences and penalised for professional liability in the construction industry. Data on new licensed engineers and architects appear in the register after passing the exam. The decision on entry in the database has been automated, eliminating the waiting time for entry in the register by the General Office of Construction Supervision. The purpose of the database is to eliminate the obligation to attach to the construction project and submit documents confirming building qualifications and chamber membership to the office. The new system allows quick verification of the entitlements by both investors and public administration authorities.

Digital, completely free Base of Architectural Designs is planned to launch on the website of the General Office of Construction Supervision. If the investor decides to use the house design from the database, they will not have to include a paper version of the design in their applications, reports or notifications. Each architectural design in the database is to be given an individual number, which will have to be included in the documents. Architectural and construction administration and construction supervision authorities will have access to the design through the database and it will not be necessary to hand on architectural design between these institutions.

Changes that are part of the trend of digitisation progressing with subsequent amendments include the regulation of the already functioning e-Construction platform. Through the portal, investors have access to 26 different applications and notifications needed in the investment and construction process, as well as the possibility to check the status of their application.

However, this is not the end of the changes in the field of construction law. Currently, legislative work is underway on the next amendments of the regulations, so these are certainly not the only changes to the construction law in 2023. Among the planned improvements, the General Office of Construction Supervision works on another IT platform: System for Administrative Proceedings in Construction (SOPAB). This system is intended to be used by architectural and construction administration and construction supervision authorities to conduct administrative proceedings electronically. In addition, the proposed regulations are intended to restore property valuation as an independent technical function in the construction industry. Provision is also made for architectural and construction administration authorities to keep a register of applications and decisions on demolition permits. Furthermore, the new regulations are to introduce penalties for untimely issuing a demolition permit. In addition, another amendment to the law is to expand the catalogue of construction objects and construction works exempt from the obligation to obtain a building permit and just requiring notification.

New IT systems are a further step in the process of digitisation of the construction industry, which has been ongoing since at least 2020 and aims at the functioning of a purely digital circulation of construction documents in offices. The introduced changes are intended to reduce the burden on investors as well as architectural and construction administrations and construction supervision authorities and to streamline their operation, which consequently will speed up the entire investment and construction process, along with digitisation of public administration authorities’ activities in the field of construction.

Marta Polkowska
Senior Maintenance and Development Specialist
SARFiN System Data Administrator

According to the data of Central Statistical Office, in 2022 tourist accommodation facilities were used by 34.2 million tourists, who were provided with 90.0 million overnight stays. Compared to 2021, it was more by respectively 54.3% and 43.2%. However, these data do not include persons using non-registered accommodations, including private houses and flats rented to tourists for a short time. At the same time, according to data from the National Census 2021, housing stock in Poland amounted to over 15.4 million dwellings. So, how many properties in Poland are used for short-term rental?

This article concerns a growing category of private apartments for short-term tourist rental. The aim is to analyse the market of flats and houses intended for tourists located in the 6 most frequently visited cities in Poland, i.e. Warsaw, Cracow, Gdansk, Wroclaw, Zakopane and Poznan. The main sources of information were Booking.com, Airbnb and AirDNA platforms. These properties constitute a growing part of the dwelling stock in Poland, as well as they became an important part of the accommodation base.

Why short-term rental is so popular?

Short-term rental has gained a lot of popularity in recent years among tourists, as well as people on business trips or travelling for family occasions. This has been influenced by several factors.

The development of tourism over last 20 years has also meant that the mobility of people has increased in both domestic, as well as international terms. Thus, the demand for tourist accommodation has increased as well. The creation of new tourist accommodation facilities, such as hotels, is associated with high costs and high risks. Houses and apartments offered for tourists in short-term rental have partly filled this gap in the market.

In addition, the development of short-term rentals has also been fostered by changing perception of housing, not just as a place to live permanently, but more and more often – as a commodity. Over the past few years, investments in real estate have enjoyed record levels of interest. This was due to the higher profitability compared to other forms of capital investments. In addition, interest rates remained low until 2022 and thus the mortgage loans costs were relatively low. These circumstances led many Poles to buy flats for investment purposes. In all major cities and tourist destinations, flat owners decide to rent their properties in a short-term rental, because in the monthly calculation, this kind of rental very often pays off more than renting a flat for a longer period of time. Thus, some dwellings that could be used by long-term tenants or people who cannot afford their own housing unit, are starting to disappear from the long-term rental market.

Often, short-term rentals require more commitment from the owners and involve more risks, including damage to the property. Therefore, with the development of this type of activity, a sector of companies specialising in the operation and management of flats for short-term rentals has also developed.

The growth in popularity and development of online rental platforms, i.e. booking.com or Airbnb, has also been significant. They enable contact between hosts and tenants, facilitate transactions or provide security of payment for both parties.

Characteristics of offers in short-term rental

Offers of houses and flats for rent for tourists are very diverse. We can find both modest and budget options, as well as those of a high standard, with very extensive equipment and additional attractions such as sauna or jacuzzi. This is why the booking platforms are kit out with expanded filter section is very extensive, by so that everyone can find something for himself.

Approximately 50% of the offers on booking platforms in Poland are concentrated in 6 cities with the highest number of tourists per year. A significant number of tourist apartments can be found in coastal and mountainous counties. Compared to other counties in Poland, an increased number of offers can also be found in the lake districts.

The number of short-term rental apartments is the highest in cities, where the number of tourists staying in accommodation facilities is the highest in the country. At the same time, these are cities with the highest average transaction prices per 1 sqm of a housing unit. The average daily rent rate in selected cities ranges from PLN 283 to PLN 435. However, this amount depends on the rental period or demand for accommodation at a given time and a given location.

TABLE 1. NUMBER OF SHORT-TERM RENTAL PROPERTIES ON BOOKING PLATFORMS WITH AVERAGE DAILY RENT RATE

City	Number of properties listed on Airbnb and vrbo – entire properties	Number of properties listed on booking.com – whole properties	Average daily rate [PLN]	Number of tourists using accommodation in 2020. [thousand persons]	Average transaction prices per 1 sqm of a housing unit in Q4 2022 [PLN]
Warsaw	6 156	1 058	307	1 322,9	11 213
Cracow	4 901	643	303	818,2	9 648
Gdansk	3 435	409	330	639,9	9 382
Wroclaw	2 038	343	317	595,1	8 744
Zakopane	1 277	115	435	Tatra district – 725,2	bd
Poznan	1 036	212	284	402,6	7 733

source: own compilation based on data from AirDNA, booking.com, Statistic Poland and the AMRON Centre data

What kind of dwellings are available in short-term rental?

The types of properties were analysed according to data from Airbnb and Vrbo platforms. The location related to the city centre were analysed basing on data from Booking.com.

The most common property is a 1-bedroom flat or a studio flat. In Warsaw, Wroclaw and Poznan, the structure of properties by number of bedrooms is very similar. In Gdansk and Zakopane, i.e. cities located in holiday areas, there is a higher share of flats with more than 1 bedroom, thus there are more houses and flats of a larger size.

GRAPH 1. STRUCTURE OF SHORT-TERM RENTAL PROPERTIES BY NUMBER OF BEDROOMS IN SELECTED CITIES

source: own compilation based on data from airdna.co

In Poznan, Wroclaw and Cracow, the majority of flats and houses for tourist are located close to the city centre, i.e. near the main attractions of those cities. In Warsaw, due to the size of the city and the biggest number of short-term rental flats on offer, the share of apartments located in the centre is lower. However, when analysing the distribution of the housing units for short-term rent in the capital city related to the housing density (number of units in the 1 km grid according to the National Census 2021), we can see that the location of housing units offered on Airbnb is more correlated with the distance to the city centre and tourist attractions or proximity to fast public transport, than with the number of dwellings in a given area. In Gdansk and Zakopane, the properties are more dispersed, because in these cities the attractions are the sea and the mountains, not only the centre.

TABLE 2. MARKET SHARE OF SHORT-TERM RENTAL PROPERTIES IN RELATION TO DISTANCE TO THE CITI CENTRE

City	distance from the city centre
	Less than 1 km	Less than 3 km	Less than 5 km
Warsaw	23%	59%	78%
Cracow	42%	84%	93%
Gdansk	36%	58%	67%
Wroclaw	43%	80%	89%
Zakopane	37%	85%	99%
Poznan	51%	82%	92%

source: Own compilation based on data from Booking.com

MAP 1. DISTRIBUTION OF THE HOUSING UNITS FOR SHORT-TERM RENT IN WARSAW

source: airDNA.co

MAP 2. NUMBER OF DWELLINGS IN 1-KILOMETRE GRID ACCORDING TO THE NATIONAL CENSUS 2021

source: geo.stat.gov.pl

MAP 3. DISTRIBUTION OF THE HOUSING UNITS FOR SHORT-TERM RENT IN ZAKOPANE

source: airDNA.co

MAP 4. DISTRIBUTION OF THE HOUSING UNITS FOR SHORT-TERM RENT IN GDANSK

source: airDNA.co

Use of dwellings in short-term rentals

The occupancy of housing units offered for short-term rental is diverse, however in all selected cities the impact of the COVID-19 pandemic on rental growth in last 3 years is evident. It is related to restrictions in both rental activity and travelling. In the case of the biggest cities, the quarterly changes caused by the pandemic were more apparent, due to tourism in these locations is focused mostly on cultural facilities that were partially closed. The highest seasonality of tourist rentals can be observed in Gdansk (high increase in Q3). In all analysed cities, the situation is returning to the status before the pandemic.

GRAPH 2. RENTAL GROWTH IN SPECIFIC QUARTERS IN 6 SELECTED CITIES IN POLAND

Warsaw

Cracow

Gdansk

Wroclaw

Zakopane

Poznan

source: airDNA.co

The highest occupancy rates are recorded in big cities – in Warsaw and Cracow, they have averaged over 70% over the past 12 months. Considering the revenues from short-term rentals compared to the revenues from long-term rentals, it is no wonder that the number of vacation rental properties has still been increasing. However, it is worth pointing out that the occupancy and therefore incomes vary from month to month. The final income is also dependant from rental service charges, such as cleaning charge, or those for maintaining the property, such as administration fees. Short-term rentals consume more time, but with more risk, yield higher profits.

TABLE 3. OCCUPANCY AND SHORT-TERM RENTAL INCOME MEDIAN COMPARED TO THE AVERAGE LONG-TERM RENTAL RATES IN SELECTED CITIES

City	Occupancy rate [%]	Median monthly revenue in the last 12 months [PLN]*	Average monthly rent rates of a housing unit in selected cities [PLN]
Warsaw	74%	4 645	2 226
Cracow	73%	5 010	1 754
Gdansk	58%	4 387	1 997
Wroclaw	58%	4 071	1 908
Zakopane	50%	5 529	bd
Poznan	63%	4 111	1 512

* rate excludes taxes, service charges and surcharges

source: own compilation based on data from AirDNA, booking.com and own AMRON Centre data

Summary

The short-term rental market is developing the most in big cities and tourist areas, mainly due to increased tourist traffic in recent decades, as well as the increasing popularity of booking platforms. 1-bedroom units dominate in the offers. Most of them are located close to the city centre and tourist attractions or in areas with good public transport. Prices, as well as occupancy rates for entire houses and flats depend on the month of rental. The risks associated with short-term rental are greater compared to traditional long-term rental, moreover short-term rental requires more commitment from the landlord, but the higher profitability encourages an increasing number of rental homeowners to choose this type of rental.

Agnieszka Zamkowska
Real Estate Market Analyst

Saving energy is an issue that is being discussed more and more often in our homes. It results not only from the growing awareness of the impact of human activity on the natural environment degradation, but also from desire to achieve an energy freedom. The autonomous home responds to our needs and overcomes this problem. It is 100% self-sufficient. It works for itself, supplies its own electricity, water and sewage. For many, it is a gateway to their dreams for a life away from civilization, among the forests, where the ground is not equipped with technical infrastructure. But is it realistic to build a house that does not need energy from outside? What opportunities do we have in Poland, and what are the barriers?

The alternative of building an autonomous house depends on many factors. There are legal and physical obstacles that we have an obligation to check before making a decision. This is a challenge both difficult in our latitude and very capital-intensive. The costs of such independence are even twice as high as compared to construction in standard technology.

Building and residential electricy

Building a house without electricity is not possible. Basically, from a legal point of view, there is no obligation to use electricity from public network, but without it we will not get a building permit. Therefore, before starting the works, we must make the connection and pay for it. Power generators are used in autonomous conditions. A lot of construction equipment is powered in a three-phase manner, which is associated with a larger investment. Specialists discourage from the decision to build the entire house without the connection to external media. In practice, the use of the aggregate is treated as a complementary solution, because it has many disadvantages and is very cumbersome. The machine requires frequent starting of the engine, in many situations it will work unproductively. Additionally, you have to remember to refuel and take into account the emission of high noise. But from a theoretical point of view, construction with the use of an aggregate is feasible.

The installation of photovoltaic panels helps to become independent from the power grid. Off-grid (island) technology is characterized by complete detachment from external power grids. There are two types of power supply. PV panels provide constant power transmission, and unused for current needs is stored in batteries for later use. This ecological energy is used, for example, in bad weather or after sunset, when the sun’s rays do not provide enough of it.

Heating

There are many ways here. We can use electric, gas heating or a heat pump. Electric heating is very convenient, but relatively expensive. It becomes completely unprofitable for large buildings. There is also the problem of the susceptibility of electricity to price fluctuations. The heat pump works very economically. It is an ecological and economical source of heat. It can be powered by photovoltaic panels, but it is not the cheapest. Another method is gas heating, in case of which you will need to equip yourself with a liquefied gas cylinder and a heating device, e.g. a boiler, heat pump or solar collectors used to support heating utility water.

Household sewage treatment plant

A self-sufficient house must have a private waste water treatment plant or a septic tank, from which waste must be regularly removed. The exploitation of the first solution is cheaper, but its main cost is obviously higher. In addition, it is worth getting acquainted with the arrangements of the local spatial development plan. It may eliminate its implementation in a given area. There is also a problem in areas where sewage networks are already available or are to be built. In this case, we will not get a permit to build an independent reservoir.

Where to get water?

It is necessary to dig your own intake. Currently, the most popular solution is a deep well. However, before we decide to buy a plot of land and start drilling, it is necessary to verify whether the soil has the geological and hydrological conditions for obtaining water. With such a problem, it is best to turn to a geologist or more advanced people can use hydrogeological maps. The well must be equipped with filters to ensure that the water taken from the aquifer is purified. Same as in the case of sewage systems, local plans may exclude the possibility of using such a solution. In a situation where there are water supply networks within the plot, the regulations do not exclude the possibility of drawing one’s own water.

Suitable architectural design

In order for a self-sufficient house to function properly, it is necessary to ensure proper execution of the project. It should take into account solutions guaranteeing the maximization of energy efficiency, which include, among others:

• location of most windows to the south of the world,
• use of windows with the highest tightness class,
• use of recuperation, i.e. mechanical ventilation with heat recovery,
• elimination of thermal bridges,
• use of household appliances and electronics with a high energy efficiency class (preferably A +++).

Summary

Autonomy is gaining more and more popularity in Scandinavia and Western Europe. In Poland, the focus is on passive construction, which is characterized by maximum levels of energy efficiency, but is not 100% independent of external utilities. This is due to the incredible difficulty of construction and high costs. With the advancement of technology, we have an increasing selection of innovative devices. Investors are eager to invest in innovative energy solutions, which indicates a desire for complete autonomy.

Joanna Woźniak
Junior Specialist for Maintenance and Development of AMRON System

Although the subject of “patho-development” (not necessarily under this name) has been presented in the public debate for a very long time, in recent weeks it appeared again due to the conflict surrounding the Bliska Tower, JW Construction investment, also known as the “Warsaw’s Hong Kong”. At the same time, the problem of housing quality was noticed also by the Ministry of Development and Technology – at the press conference held on March 31, 2023 the Ministry’s representatives presented a number of solutions aiming at counteracting this phenomenon.

So-called “patho-development” is a term referring to (according to Wikipedia) “all the activities of construction developers, which, due to the actions towards clients and the way of designing facilities, are in contradiction with good practises”. Admittedly, this definition seems quite imprecise, but the term itself is very capacious and describes all disfunctions of the Polish housing market, ranging from the consequences of the lack of housing policy or the inefficiency of the spatial planning system in Poland, i.e. issues significantly exceeding the scope of developers responsibility, to actual, individual cases of breaking the law, low-quality projects and their implementation, or even disgraceful lack of respect for architectural monuments or nature devastation.

The plan to improve the situation on the housing market presented by the Ministry of Development and Technology provides for changes in the law regulations, including the Regulation on technical conditions of buildings, the Act on spatial planning and development, and implementation of a number of new solutions aimed, among others, at improving access to information on the housing market. The largest part of the proposed solutions are changes to the Regulation on technical conditions, i.e.:

• increasing the distance between buildings on neighbouring plots – change aims on increasing the minimum distance of a multi-family building with a height of more than 4 above-ground storeys from the plot border from 3 to 5 meters, excluding situations when the neighbouring plot, according to the local spatial development plan, is not intended for development;
• increasing the minimum distance between production and storage facilities and residential buildings to 30 m – this provision is intended to apply to buildings with a built-up area exceeding 1 000 sqm;
• changes in the requirements for parking spaces for the disabled – according to the new regulations, the number of parking places for disabled persons located close to the windows of buildings is to be reduced to a maximum of 6% of all parking places built as part of a single investment;
• fight against “concrete disease” – the project assumes the need to provide at least 20% of the biologically active area in public squares exceeding 1 000 sqm;
• friendly playgrounds and places for recreation for people with special needs – the project assumes the introduction of new requirements regarding the size and equipment of playgrounds for children, depending on the size of the investment;
• introduction of a limit of 25 sqm area of commercial premises, aimed at eliminating from the market the so-called “micro-apartments” sold as commercial premises. Commercial premises with a smaller area will be allowed to be built only on the ground or first floor of the building, provided that access to them is ensured from the outside of the building;
• introducing regulations ensuring privacy on balconies, better sound insulation of apartments, consideration in the design requirement of special rooms for bicycles and prams, as well as accessible adult change facilities (only in public buildings).

As regards the amendments to the Act on spatial planning and development, it is assumed that the method of determining the intensity of development will be changed by calculating the floor area along the outline of external walls, without balconies and terraces.

In addition, the Ministry plans to improve the situation on the housing market by limiting the flipping phenomenon by banning the assignment of reservation agreements and limiting the possibility of assigning development agreements, but also improving access to information on real estate prices by introducing the obligation for developers to publish real estate prices on websites, in prospectuses and catalogues, as well as launching a nationwide, free online service with transaction prices. The list of Ministry’s planned initiatives include also limiting wholesale purchases of real estate and increasing the availability of apartments by exempting from the tax on civil law transactions on the purchase of the first apartment.

The presented package of proposed solutions can be assessed as rather disappointing, giving the impression of not systemic solution, but of a simple catalogue of actions, being a response to the Internet lists of “patho-development” cases. It is difficult to resist the impression that we are dealing with a hastily prepared, PR, pre-election response of the government to a problem that is at the moment popular in the media. Nevertheless, some of the presented solutions are ideas that must be assessed as good and expected. They definitely include the solutions preventing the “concrete disease” (although the question remains whether 20% of the biologically active area is enough), putting in order the issue of car parks and places for the disabled, regulations on maintaining the sound insulation standard or even exemption from the tax on civil law transactions for people purchasing the first apartment. Some of the proposals may be surprising, such as launching of a website with transaction data from the real estate market, despite the fact that such services, both free and paid, have been operating on the market for a long time. Most of the proposed changes, however, are at least debatable solutions. In conditions of the Polish housing market, new limits on the area, distance or number of apartments that an investor can buy are potential sources of creativity and potentially further pathologies. It is also hard to believe that these measures will significantly change or organize the situation on the market. The basic problem of the housing market in Poland and the source of most pathologies is still the lack of state housing policy and the inefficient spatial planning system. As long as developers build on expensive, unprepared, sometimes even accidental plots of land, on the basis of discretionary planning decisions, while trying to adapt to sometimes questionable legal requirements (do we really need mandatory playgrounds for children in every housing estate?), we will keep on dealing with the “patho-development” phenomenon. Or maybe it’s time to seriously consider that the issue of the quality of space and housing in Poland is indeed a significant civilizational challenge, which is at least as important as the construction of the Central Communication Port, for the implementation of which the state didn’t hesitate to make a number of bold and unpopular decisions.

Jerzy Ptaszyński
Research and Market Service Director

Until now, restrictive regulations have de facto prevented building of new onshore wind farms in Poland. In 2016, the so-called ‘wind turbine act’ (Wind Farm Investments Act) was adopted, which introduced the ‘10H rule’, meaning that new wind turbines had to be separated from the nearest residential buildings by the distance of at least 10 times the turbine height. In practice it was about 1.5-2 km and the same rule also applied to the construction of new wind turbines near, among others, national parks, landscape parks, reserves and Natura 2000 areas, so over 99% of Poland’s territory was excluded from the possibility of wind turbine development. At the same time, all areas provided for wind farms in local spatial development plans (LSDP) have become unusable.

The end of the ‘10H rule’

Since the beginning of 2023, the government has been debating on a new version of the Wind Farm Investments Act, which originally provided for significant liberalisation of provisions and greater freedom in the construction of wind turbines in Poland. Turbines were to be built at a distance of at least 500 m from residential buildings, and the Senate’ amendment provided that this distance may be even shorter if the commune council allowed such a possibility after consultation with the inhabitants. However, at the end, despite the criticism of many specialists and the appeal of corporations operating in Poland, on 9 March this year the Sejm has approved a stricter version of the law, which increased the distance to 700 m.

It might seem that this small change increasing the minimum distance from 500 to 700 m is irrelevant, but in practice it limits the potential of Polish wind energy. According to British consulting company Ember, maintaining a minimum distance of 700 m from residential buildings means approximately 4 GW of new wind capacity will be built in Poland by 2030, whereas 500 m would increase land availability by 25 times (in comparison to the 10H rule) and allow 10 GW.

MAP 1. THE DIFFERENCE BETWEEN THE ASSUMPTIONS OF THE ‘WIND TURBINE ACT’ – 500M VS. 700M DISTANCE FROM RESIDENTIAL BUILDINGS

source: Distance Act: 700 m, 500 m or even less? – WysokieNapiecie.pl (https://wysokienapiecie.pl/83337-ustawa-odleglosciowa-500-jeszcze-mniej/)

Moreover, according to the Act, wind farms may only be located on the basis of a local plan. However, the analysis made by Urban Consulting showed that as many as 84% of the areas intended for the construction of wind turbines in accordance with the currently applicable LSDP, taking into account the distance requirements, have no reason to exist. As a result, Mazowieckie, Małopolskie, Śląskie and Kujawsko-Pomorskie voivodships have been completely excluded from the possibility of constructing wind farms for at least next 3-4 years (this is the time needed to adopt new LSDP together with the necessary analyses as part of the strategic environmental impact assessment).

MAP 2. THE POSSIBILITY OF USING THE CURRENTLY APPLICABLE LSDP (LOCAL SPATIAL DEVELOPMENT PLAN) FOR THE LOCATION OF WIND FARMS TAKING INTO ACCOUNT THE DISTANCE REQUIREMENTS

source: As much as 84% of the LSDP may be trashed by Suski’s amendment! – Urban Consulting (https://urbanconsulting.pl/mpzp-do-kosza/)

What else does the amendment to the Act change?

The ‘10H rule’ will continue to apply for the distance of a wind farms from national parks, while for nature reserves it will be 500 m. Minimum distances from other forms of nature protection will be determined by the environmental decision for the specific investment. The amendment also upholds the ban on the construction of wind turbines in national parks, nature reserves, landscape parks and Natura 2000 areas.

The law also specifies the minimum distances of wind turbines from electricity lines and at the same time unlocks the possibility of housing construction next to existing wind farms. The amendment also introduces safety standards for turbines.

The amendment to the ‘wind turbine act’ guarantees construction of wind farms in harmony with the local community, giving them a decisive voice and ensuring that full information about the planned investment is to be provided to the inhabitants of the nearby area. Moreover, the investor of a wind farm will offer at least 10% of the installed capacity of the wind farm to the residents of the municipality, who will use electricity as a virtual prosumer for 15 years. This means that residents will be able to buy shares in the investment, which will reduce their electricity bills (although the level of these savings will be difficult to estimate). So it can be assumed that this will encourage municipalities to build wind turbines.

What will change?

Do the changes mean that the number of wind turbines in Poland will increase significantly? Of course not. The amendment of the Act is only the first step towards the development of wind farms in our country. First of all, those projects that were already under preparation before 2016 but then frozen as a result of ‘10H rule’ introduction will come to the market first. Now, an update of environmental decisions and possibly change of LSDP is sufficient, but even in case of these projects, turbines will be installed in 2-3 years.

Investing in wind energy is a time-consuming process, but also it is the cheapest way of generating energy in Poland (even 4-5 times cheaper than coal or gas sources). In addition, the development of wind energy in Poland is necessary to reduce CO2 emission and meets climate commitments resulting from EU regulations. Therefore, Poland cannot afford to block the development of wind energy. It is a pity that the amendment to the ‘wind turbine law’, which politicians called a ‘compromise’, only slightly liberalises the law from 2016, causing the potential of domestic wind energy to remain untapped.

Agnieszka Pilcicka
Senior Real Estate Market Analyst

The obligations of the parties to the real estate sale transaction are affected, among others, by its legal status and other factual circumstances linked to it. Two of the public law obligations closely related to real estate transactions are often confused with each other, even though they have been functioning in the Polish legal system for many years. Their imposition is most often a significant financial burden for property owners. We are talking about betterment levy and planning fee. In this article you will find the answer to when these fees may be imposed, who sets them and what can be done to mitigate the risk of them being incurred.

At the beginning, it is worth noting that the planning fee results from the introduction of the Local Spatial Development Plan or its amendment, which is connected with the fact that the owners or perpetual users of the property most often learn about the obligation to pay it when the property is to be sold, while the betterment levy is imposed as a result of actions taken by the owner or perpetual user of the property.

What is an betterment levy?

The betterment levy is regulated in the Act of 21 August 1997 on Real Estate Management. It is defined as a public law fee imposed on real estate owners and perpetual user in relation to the increase in value of real estate caused by the construction of technical infrastructure facilities with the participation of the State Treasury, local government units, funds from the budget of the European Union or non-refundable foreign sources, or a fee established in connection with real estate consolidation and division, as well as division of real estate. If the value of the real property increases due to the above, the head of the commune, mayor or town mayor may fix the fee for that reason.

The amount of the rate is determined by a resolution by the municipal council. According to the Act, the amount of the betterment levy may not exceed 30% of the difference in the value of the property in the event of its division. Persons who have received new properties separated as a result of the merger and division are obliged to pay to the municipality betterment levy of up to 50% of the increase in the value of these properties in relation to the value of the properties previously owned. In the case of the construction of technical infrastructure facilities on the property with funds from the State Treasury or local government units for properties located in the Special Revitalisation Zone, the amount of the betterment levy may be up to 75% of the increase in its value. The authority that decides on the imposition of the fee is the mayor of the municipality, although the imposition of the fee is possible only if the municipality determines its percentage rate. In addition, when adopting a resolution on real estate consolidation and division, the municipality should include in it information on the date, manner of payment and amount of the betterment levy. The initiation of proceedings to establish the betterment levy may take place within 3 years from the date on which the decision approving the division of real property became final or the decision on the division became final. It is possible to pay the betterment levy in instalments, however, the payment period may not be longer than 10 years.

The question is: who will be obliged to pay the betterment levy in the event of sale of the real estate? In such a situation, the date on which the decision to charge the fee became final will be decisive – if the decision became final before the date of the transaction, then the seller of the real estate will be under the obligation. When buying a property, it is worthwhile for the buyer to analyse the legal situation of the property, so as not to be surprised later by unexpected fees. Avoiding or reducing this fee is not the easiest thing to do, although it is possible, e.g. if an error is made by an official or a property valuer. Verification of the correctness of the fee imposition should start with checking whether the local government’s resolution on betterment levies was in force at the time of putting the constructed technical infrastructure into use (if the case concerns the increase in the value of the real property caused by the construction of technical infrastructure facilities). It should also be remembered that the office can impose a fee for up to 3 years. As a next step, it is also worth analysing the correctness of the appraisal report (preferably with a specialist). In case of mistakes, it is possible to challenge the fee decision at the Local Government Appeal Court and the administrative court.

What is a planning fee?

Under the Act on Planning and Spatial Development, a planning fee is imposed if, in connection with the adoption of the local plan or its amendment, the value of the real property increases and the owner or perpetual user sells the real property. In such a case, the head of the commune, mayor or town mayor collects a one-off fee established in the plan, set as a percentage of the increase in the property value. This fee is the municipality’s own income. The amount of the fee cannot exceed 30% of the increase in the value of the property. For example, there may be a situation in which a plot of land, which so far has been defined in the local plan as agricultural land, after its change is reclassified as a building plot, which results in increase in its value. If the owner sells the plot, the authority may then charge the owner a planning fee. When a party applies for an extract from the local plan for its property, the municipality is obliged to specify the amount of the planning fee of the area covered by the extract from the plan. It is worth remembering that the fee can be imposed up to five years from the date the plan was adopted or amended and is charged to the seller. Therefore, one way to avoid the fee is to wait – the seller will not be obliged to pay the fee if he sells the property later than 5 years from the date of the change/introduction of the Local Development Plan. Another way is to conclude a pre-contract, because it does not transfer ownership rights and therefore does not impose the obligation to pay the fee, and only after the expiry of 5 years from the change/introduction of the Local Development Plan to sign a proper contract. In the case of a donation agreement, the fee will not be charged either, because the land disposal should be paid until the fee is imposed. In order to avoid the fee, it is also possible to appeal to the Self-Government Board of Appeals or the administrative court, challenging the appraisal report and the relationship between the increase in the value of the property and statements in the local plan.

Summary

In summary, both the betterment levy and the planning fee are related to the increase in the value of the real property. The main difference between the two is the moment, at which the obligation to pay it is imposed – in the case of the planning rent, the obligation is imposed when the real estate is being sold, whereas the betterment levy should be paid regardless. Another difference is the reason – in the case of the betterment levy, it may result from the action of the owner or perpetual user of the real property (e.g. division of the real property, merger and subdivision) or the state/ local government units (e.g. construction of utility networks, roads), while the planning rent arises from the introduction or amendment of the Local Development Plan.

Karol Kacprzak
Analysis and Development Specialist

Nowadays, both citizens and state authorities are increasingly paying attention to the ecological aspects of their activities and attempting to reduce the negative impact of urbanization on the natural environment. One of the disadvantageous phenomena that we as a society have an impact on is the deterioration of air quality. It is mostly caused by the use of outdated heat sources as a method of heating buildings. Pollution from heating sources goes directly to people’s areas and can cause contamination concentrations at a level dangerous for health. The biggest emission of pollution is observed during the heating season, when each of us use some source of heating in our houses. The problem intensifies in large cities, where we are dealing with the high intensity of buildings and according to this, with many heat sources causing emissions. Kraków is the leading example of the city that deals with very bad air quality. However, the problem is also not bypassed by suburbs with lower intensity or small towns. Those areas are very often build-up with old buildings, where simple heating sources were installed, causing the highest air pollution in the heating season. First step to improve the air quality in Poland is to identify heat sources occurring in our country. Then it is possible to introduce appropriate mechanisms to facilitate the modernization of outdated installations. For this purpose, in accordance with the Act of 28 October 2020 amending the Act on supporting thermomodernisation and renovation and some other acts (Journal of Laws item 2127), the Central Construction Supervision Office (pol. Główny Urząd Nadzoru Budowlanego) created the Central Register of Buildings Emission (pol. Centralna Ewidencja Emisyjności Budynków).

What is The Central Register of Buildings Emission?

The Central Register of Buildings Emission is a system kept by the Central Construction Supervision Office, which contains comprehensive information about the sources of building heating in Poland. The launch of the database took place on July 1, 2021. Its main goal is to improve air quality by fighting smog and to help in the process of exchanging outdated heating sources. Creation of the system had a direct impact on inhabitants of Poland, because it is mandatory to submit a declaration into the system by each owner or manager of a residential or non-residential building, in which there is any heat source with a power not exceeding 1MW. For facilities, where the sources of heat and fuel burning were launched before July 1, 2021, the declaration had to be submitted mandatory by June 30, 2022. In case of new heat sources (launched after July 1, 2021), the declaration should be submitted within 14 days from the date of its launch. It can be submitted in two ways: electronically or in paper form at the Commune/City Office. It is important that if the declaration is not submitted within the time limit, a fine may be imposed on the owner of the property or building manager. Failure to submit a declaration is also associated with the loss of the possibility to receive ‘coal additives’ (financial support) od add-ons to other heat sources.

Data collected in The Central Register of Buildings Emission – what is it showing us so far?

The Central Construction Supervision Office specifies that as for February 9, 2023 the database included 9 320 406 declarations. According to Central Statistical Office data, at the end of 2020 there were over 15 million apartments in Poland and over 6 million single-family houses, and in 2021 almost 235 000 new houses and apartments were put into use. Therefore, it can be estimated that the system should contain over 20 million declarations. This means that about half of the data has been entered so far. The graphic below presents the increase of data in the system from its launch.

PICTURE 1. NUMBER OF DECLARATIONS SUBMITTED INTO THE CENTRAL REGISTER OF BUILDINGS EMISSION FROM JULY 2021 TO FEBRUARY 2023

source: https://www.gunb.gov.pl/strona/statystyki (access: 09.02.2023 r.)

Only 667 878 declarations were introduced by the end of 2021. The largest increase of data in the system was observed between May and June 2022. Certainly, it is the result of the deadline for introducing the declarations for heat sources that have been launched before July 1, 2021 (the deadline was June 30, 2022). That occasion almost doubled the data in the system. In 2022, a total of over 8,5 million data was introduced to the database.

On the basis of the data entered so far, it is possible to carry out a fairly wide analysis of the structure of heat sources due to their type. The following structure results from the collected data.

PICTURE 2. THE STRUCTURE OF HEAT SOURCES IN POLAND DUE TO THEIR TYPE

source: own study based on https://www.gunb.gov.pl/strona/statystyki (access: 09.02.2023 r.)

It is estimated that over 1/3 of heat sources in Poland are solid fuel boilers. Gas heating is also quite popular. Modern heating sources, such as a heat pump, are still treated as an innovative solution, requiring a lot of financial effort and specialist knowledge. Therefore, they are still not very popular (they constitute less than 5% of all heat sources currently used in the country). The current pro-ecological trends and the search for savings in a wider time horizon, prompts an increasing number of people to install heat pumps in their houses. The use of this heat source requires a lot of investment at the first stage of the installation, but later operating costs are much lower (especially with additional use of photovoltaic panels).

The Central Register of Buildings Emission – and what’s next?

The main goal emerging on the structure of heat sources in Poland is to replace outdated heat sources (i.e. all coal or wood boilers, which do not meet the requirements of at least class 3). Voivodeship authorities in Poland are currently introducing anti-smog acts. They specify the deadline that such installations must be replaced with other, less invasive for the environment. After this date, the use of such outdated heat sources will be prohibited and may result in the imposition of a fine. The graphic below presents the deadlines for each voivodships to replace outdated installations (the names of the voivodships are in polish).

source: https://vosti.pl/pompy-ciepla/do-kiedy-musisz-wymienic-kopciucha-poznaj-terminy-dla-swojego-wojewodztwa/ (access: 13.03.2023 r.)

In order to speed up the furnace replacement process, local governments offer subsidies for residents. A popular support programme for citizens regarding the exchange of heating sources is the “Clean Air” (pol. “Czyste powietrze”) program implemented by the National Fund for Environmental Protection and Water Management (pol. Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej). Many local governments at lower levels are also conducting information campaigns for the local community and offer their own financial support tools for their residents.

Over 30% of all heating sources in Poland are solid fuel boilers. Certainly many of them are devices with a class 3 or worse. The replacement of these installations with more innovative and “clean” can largely reduce smog in low emission areas. In 2025, in most Polish voivodships it will no longer be possible to use this type of installations, so then we should expect the largest, positive change in the quality of our air.

The universality and comprehensiveness of The Central Register of Buildings Emission is to positively affect the efficiency of low-emission policy management by municipalities. Based on the data collected in the system, local governments are able to obtain a number of facilitations in the grant obtaining process. In 2023, The Central Construction Supervision Office plans to implement new tools for users of heat sources, such as the possibility of ordering chimneys sweep reviews or inventory of buildings. It will also be possible to check the possibility to obtain a financial support for real estate thermomodernisation. The system will contain a list of applicable support programmes for this kind of operations.

Barbara Mariańska
Maintenance and Development Specialist

According to InfoMonitor S.A. Economic Information Bureau, high bills for electricity, gas and water are the most burdensome expenses for Poles. Other problematic expenses are those related to the purchase of fuel, food, heating fuels, and expenses for rent or loan instalments. At the end of October 2022, the total value of consumer debt was nearly PLN 77.4 billion, and almost 2.7 million people already had a problem with paying their current obligations.

Housing fees are monthly expenses that have been steadily increasing in recent times, putting more and more burden the household budget. Therefore, the government has prepared various types of housing subsidies for Poles. In addition to the government’s ‘Flat for Start’ Programme, the Borrower Support Fund, the Rental Housing Fund, and the ‘Flat Plus’ Programme, an interesting form of subsidizing the cost of maintaining an apartment or a house is the housing allowance.

The housing allowance is regulated by the Act of June 21, 2001 on housing allowances (Journal of Laws 2001 No. 71, item 734) and is granted to:

• tenants or sub-tenants of residential premises, residing in these premises,
• persons living in residential units to which they have a cooperative right to dwelling,
• persons living in residential units located in buildings they own and owners of independent residential premises,
• other persons with legal title to the occupied dwelling and incurring expenses related to its occupation,
• persons occupying a dwelling without a legal title, waiting for a replacement dwelling to which they are entitled or a social rental of the premises.

One of the eligibility criteria is the amount of family income. For this purpose, the average monthly income per member of the applicant’s household is determined. This income is calculated on the basis of the household’s incomes from three months preceding the date of application and then related to the average salary in the national economy as for the date of the application. The condition is considered fulfilled, when that relation does not exceed 40% in a one-person household and 30% in a multi-person household. According to the Statement of the President of the Central Statistical Office of February 9, 2022, the average salary in the national economy in 2021 amounted to PLN 5 662.53. Thus, the above-mentioned income criterion is PLN 2 265.01 for a one-person household and PLN 1 698.76 for a multi-person household.

Income – after deducting the amounts of alimony paid to other people – are revenues minus deductible costs, income tax charges, social security contributions not included in revenue costs and health insurance contributions.

If the amount of calculated income per household member is higher than the above amounts, and the amount of the surplus does not exceed the amount of the housing allowance, then the due housing allowance is reduced by this amount. Moreover, if the amount of the housing allowance would be less than 0.5% of the amount of the average salary in the national economy (that is, currently less than PLN 28.31), this subsidy is not granted. It is also worth noting that the municipal council, by resolution, may increase the percentages of the average salary in the national economy.

The usable area of the premises is another important condition for obtaining a housing allowance. Subsidies can be received if the area is not higher than 30% of the legal normative area, which is:

• 35 square meters for a 1-person household,
• 40 square meters for a 2-person household,
• 45 square meters for a 3-person household,
• 55 square meters for a 4-person household,
• 65 square meters for a 5-person household,
• 70 square meters for a 6-person household.

The Act allows a larger apartment size in two cases:

if there are more than six people living in a household, then each additional person increases the normative area of that apartment by 5 square meters,

if a disabled person lives in the apartment, then the normative area is increased by 15 square meters (regardless of the number of household members).

The larger area of the premises does not automatically eliminate the possibility of applying for a housing allowance. In fact, the Act allows for a situation that the area of the premises exceeds the standard by no more than 30% or even by no more than 50% in case when the share of room and kitchen area in the usable area of the apartment does not exceed 60%. The housing allowance is then reduced accordingly. It is charged only on the normative area, while meters above the norm are paid normally.

The table below presents information about the area of the apartment, for which the housing allowance is available, depending on the number of household members.

TABLE 1. APARTMENT AREA VS. NUMBER OF HOUSEHOLD MEMBERS

Number of household members	Normative area	Exceeding the normative area by 30%	Exceeding the normative area by 50%
1 person	35 sqm	45.50 sqm	52.50 sqm
2 persons	40 sqm	52.00 sqm	60.00 sqm
3 persons	45 sqm	58.50 sqm	67.50 sqm
4 persons	55 sqm	71.50 sqm	82.50 sqm
5 persons	65 sqm	84.50 sqm	97.50 sqm
6 persons	70 sqm	91.00 sqm	105.00 sqm

source: own study

The municipal council may increase the maximum normative area or the maximum permissible degree of exceeding the normative area.

The amount of granted housing allowance depends on the amount of housing expenses, which include, among others, rent rate, operating costs, common property management costs (renovation fund) and fees for heat, water, sewage, garbage collection. However, expenses do not include, for example, those incurred for insurance, property tax, gas or electricity charges.

The amount of the housing allowance is the difference between the above-described housing expenses, corresponding to the normative area of the occupied premises, and the amount of expenses incurred by the applicant in the amount of:

• 15% of household income – in a 1-person household,
• 12% of household income – in a 2-4-person household,
• 10% of household income – in households of 5 persons and more.

The amount of the housing allowance may not exceed 70% of the expenses attributable to the normative area of the occupied apartment, or 70% of the actual expenses incurred for the dwelling if the area of the dwelling is lower than or equal to the normative area. However, the municipal council may increase or decrease their share by 20 percentage points.

The housing allowance is granted for six months. Typically, the funding is not received in cash or on a personal bank account of the beneficiary, because the subsidy is transferred on the bank account of the property manager and reduces the amount of the due payment for the premises. The exceptions are the owners of single-family houses who receive subsidies directly.

The average allowance in 2021 was PLN 247.80. In recent years, the number of housing allowances paid has been systematically decreasing. In 2015 it was almost 4.4 million, while in 2021 only 2.5 million. By 2020, this has translated into a constantly declining total amount of allowances paid, which in 2015 amounted to almost PLN 900 million and in 2020 to just over PLN 580 million. In 2021, the amount of housing allowances paid out was over PLN 615 million. The situation described above is reflected in the graphs below.

GRAPH 1. NUMBER OF HOUSING ALLOWANCES PAID (MILLION) IN THE YEARS 2015 – 2021

source: own study based on CSO data

GRAPH 2. AMOUNT OF HOUSING ALLOWANCES PAID (PLN MILLION) IN THE YEARS 2015 – 2021

source: own study based on CSO data

People in a difficult financial situation who have problems with paying for a flat should remember about many possibilities of financial support offered by the authorities, including housing allowance.

Monika Kubisz
AMRON System Coordinator

Last Recommendation J draft amendments concerning the policy of data gathering and processing on the real estate market include PHI certificate provision. Banks will be obliged to collect information on buildings being certified. According to the reference, it will have a crucial impact on property value. This certificate validates that all passive building standards are achieved.

Passive buildings come under sustainable buildings, which make a distinction between energy-efficient buildings, passive buildings, and zero-energy buildings. These building types vary in terms of energy demand (zero-energy buildings are completely self-sufficient), the minimal thickness of thermal insulation, type of ventilation, and heat source. In buildings that have to meet the highest requirements – passive and zero-energy buildings – mechanical ventilation with heating recovery is used. The most important feature of these buildings is that their heat mainly stays inside and does not have to be provided actively. For instance, the passive residential building needs 1/8 energy for heating in comparison to the average house. This value equals no more than 15 kWh/sqm per year. Energy is obtained from renewable sources mostly. Passive building constantly maintains an optimal temperature because of good thermal insulation. Only to a minimal extent, it loses heat that is generated from solar energy and heat produced inside the building by people, animals, and installed household appliances and electronics, etc. In cold locations during the winter season, simple heating systems are suitable to provide comfortable conditions. As stated by the Passive House Institute, annual heating fuel consumption in a passive house of average space located in Poland equals to about three full refuellings of an average car. Passive building standards are achievable in almost every climate condition. However, too much shade in conjunction with a cold environment that does not allow to draw solar power can be the biggest barrier.

PHI CERTIFICATE – Passive House, EnerPHit and PHI Low Energy Building

PHI certificate is a document confirming an investment’s compliance with passive building principles. Certification criteria are developed by The Passive House Institute (PHI) in Darmstadt (Germany). PHI appoints in other countries accreditation units, that are authorised to grant the certificate in accordance with the procedure based on criteria. In Poland, the only established unit is Polski Instytut Budownictwa Pasywnego i Energii Odnawialnej im. Güntera Schlagowskiego (PIBPiEO).

PHI certification includes residential buildings as well as non-residential buildings. Not only houses, but also sports halls, schools, office buildings and industrial properties often achieve passive building requirements.

Receiving a certificate can also be possible after modernization of the existing buildings. Nevertheless, it is more difficult than constructing a passive building from the ground up, when the investor has influence for all materials and technologies applied and possible mistakes can be removed at the design stage by specialised certificatory.

There are three basic requirements that the building has to meet to gain the Passive House Certificate. The first one relates to the annual energy demand indicator for heating, which may not exceed 15kWh/sqm or heating power equivalent to a maximum of 10 W/sqm. Moreover, the annual primary energy demand indicator may not exceed 120 kWh/ sqm for all the energy needs. Another demand concerns air infiltration by leaks of building envelopes, so-called uncontrolled air leakage. In a passive building, the air infiltration has to be less than 0.6 h-1 of the whole building volume per hour, which means that for the pressure difference equal to 50 Pa the infiltration has to be lower than 0.6 volume of the building per hour.

Other quality requirements are, among others, appropriate ventilation efficiency providing air quality compatible with standard DIN 1946, which guarantees consistent draught in every room and does not allow the temperature to drop below 17 degrees. The noise level within the ventilation system has to be below 25 dBA. Every room should have an opening that allows the inflow of air from the outside to get additional cooling during hot days.

PHI Certification concerning newly built passive constructions is a Passive House Certificate. It is worth underlining that this certificate is designed for all types of building, not only for house buildings. There is also a possibility to get so-called EnerPHit Certificate designed for modernised existing buildings. During certification, a building is classified as a class ‘Classic’, ‘Plus’ or ‘Premium’. The class is based on building’s renewable energy generation. Besides, highly energy-efficient buildings that do not qualify for the achievement of passive building standard, may obtain PHI Low Energy Building certificate.

Detailed criteria for Passive House, EnerPHit i PHI Low Energy Building are available on the PHI website (passiv.de), under CertificationBuildingsEnergy Standards Criteria.

The Passive House Institute verifies meeting the standards using the Passive House Planning Package (PHPP). At the moment this tool is available in over 20 language versions and used by architects, designers, and verifiers in many parts of the world.

CONSTRUCTION METHODS, MATERIALS AND TECHNOLOGIES

The passive building should have a simple, compact structure with possibly minimal number of architectural forms protruding from the facade (bay windows, balconies etc.). The aspect ratio A/V that determines the ratio of the area of partitions to the volume of the building should be in the range of 0.75 – 1.2.

The passive building should be characterized by appropriate building materials that provide good thermal insulation. Walls and roofs are insulated with the material of the highest thermal parameters. Very good insulation applied across the entire building shell protects against both cold and overheating in the summer. In the spring and summer season, additional sun protection is required, such as external blinds.

Passive houses can be constructed in various technologies, e.g. brick, reinforced concrete, wooden, prefabricated, and mixed construction technologies. However, the thermal properties of structural elements are very important. Heat transfer coefficient (U) is used to describe these properties. U-coefficient determines the amount of heat per sqm at a temperature difference of 1 Kelvin which passes through the structural component. The smaller the value of this coefficient, the lower the heat loss of the element. In a passive house, the U-coefficient should be close to 0.1 W / (sqmK). Precisely, the U-coefficient of a non-transparent building shell has to be below 0.15 W / (sqmK), and the U-coefficient of windows and other transparent elements has to be below 0.8 W / (sqmK).

The construction project should take into account of the problem associated with shading. Since the passive building is characterized by the possibility of passive solar energy use, the side of the building with the southern orientation should acquire as much heat as possible from the sun in the heating season.

Nevertheless, it would be impossible to construct a passive house without using modern technologies. One of the advanced building methods used in passive construction is recuperation. It is mechanical ventilation with heating recovery from exhaust air. Recuperation ensures supplying the home with fresh air with higher oxygenation, preventing heat loss at the same time. Because of this ventilation system, frequent opening of windows is unnecessary.

Another technology used in passive buildings is a heat pump. This device is very energy-efficient because it does not produce heat energy, but transfers thermal energy from the outside using a refrigeration cycle. Warm water is prepared by using a heat pump or solar collectors.

Interesting issue is possibility of ventilation of the building without any significant heat loss. The tubular ground heat exchanger (tube GHE) is used to supply fresh air in passive buildings. By exchanging heat with the ground, the exchanger pre-heats the fresh air to a temperature above 5 degrees. The air heats up to this temperature even in the winter season. In the next step, using an air-to-air heat exchanger, it occurs an effective recovery of heat from exhaust air. Most of the heat in the removed air is mixed with the incoming fresh air, so that the heat recovery efficiency in passive buildings is above 80%.

It is worth knowing that it is relatively easy to find out whether a given building material or other product can be used in the construction of a passive property because The Passive House Institute in Darmstadt also certifies components.

Another element, which should be characterized by a passive building, is energy-efficient equipment. Equipment such as a ventilation unit with a power consumption of less than 0.45 W/m3 is required. In addition, household appliances must have the highest possible energy class (preferably A to A++ class).

CERTIFICATION PROCESS

There are several steps in the procedure for certification of passive buildings according to PHI standards. The first step is to verify the architectural design. The investor provides documentation to the authorized institution (in Poland it is the PIBPiEO), which confirms the completeness of the documents and the correctness of the calculations performed. If at this stage it is detected that the building does not meet all the standards, it is still possible to change the design. After adjusting the design to the requirements the investor can start construction works.

The second step is to conduct two leakproof tests, so-called Blower Door Test. The tests have to be performed in accordance with the standard PN-EN 13829. The PIBPiEO or any other entity can conduct them, provided that it is not involved with the investor or contractor. The first test is conducted in raw state. After finishing work the second test is conducted.

The final stage of the certification takes place after the successful completion of the Blower Door Test. The investor is bound to deliver, among others, construction design, installation diagrams, Blower Door Test data, and documentation of construction works to the PIBPiEO. If the final verification is completed, the certificate is issued.

BENEFITS OF THE PROPERTY WITH PHI CERTIFICATE

The PHI certificate gives the investor a guarantee that the building was designed and made by passive building standards. Although passive buildings are average 5-10% more expensive in construction, it is affordable to build them, due to maximally low operating costs. As long as the building is operated, it is economized for so long.

In addition to the economic value, the health benefits of staying in a passive building are important. The passive house provides residents with high thermal comfort and good indoor air quality all year round.

It should also be pointed out the invaluable environmental benefit. At this era of the energy crisis and times when buildings are responsible for about 1/3 of the total energy consumption in the world, passive construction becomes an attractive alternative.

DEVELOPMENT OF THE IDEA OF PASSIVE CONSTRUCTION

The idea of passive construction is the most popular mainly in Germany, Austria, France, and the United Kingdom. In Poland, there are currently 12 buildings with PHI certificates. In our country, the first certificated building is a detached house built in 2007 in Smolec nearby Wroclaw. The first non-residential certified building is a sports hall (Lesser Poland Voivodeship) built in 2011.

Current data on passive buildings is published in the database of the Institute of Passive Construction in Darmstadt, at the Internet address: passivehouse-database.org. In addition, open data related to all PHI-certified buildings in the world are presented in the map, available on the Institute’s website (passiv.de), under CertificationBuildingsWorld map of certified buildings. You can also find the map at database.passivehouse.com/pl/buildings/map/.

Weronika Przypaśniak
Junior Specialist in Research and Market Service