A building permit without a local zoning plan

In our country, whether for residential, agricultural or industrial construction, a common problem is the lack of a local zoning plan (MPZP). It is estimated that only about 30 per cent of Poland's area has such a plan. So what should you do when applying for a building permit where there is no zoning plan?

• The need to check the plan
• What to do without a zoning plan?
• The zoning decision
• Approval from the authority
• So where and what to build?

The need to check the plan

Before deciding to buy a plot and build a house or another structure on it, we should read the extract and the map of the local plan. It is an act of municipal law which, in text and drawings, sets out what may be built on a given plot. The map marks areas for residential development, agricultural land and forests. Each of them has a different colour or letter designation. This is very helpful when choosing a plot and changing its use. Unfortunately, as we have already mentioned, very many areas have no local plan. Quite a few existing plans lost their validity in 2004, and no new ones have been adopted yet. This does not mean, however, that it is impossible to build a dream house, farm or hotel on the plot.

What to do without a zoning plan?

The absence of such legal regulations does not mean, however, that we can freely decide what to put up on our plot. In this case we are bound by the Act of 27.03.2003 on spatial planning and development. At the very beginning we should check the provisions of the study of conditions and directions of spatial development (studium uwarunkowań i kierunków zagospodarowania przestrzennego). This is a general resolution of the municipal council on what may be built in particular areas. We can be almost certain that a local zoning plan adopted in the future will be identical or similar to the study. Next, our task is to apply to the municipality for a zoning decision (warunki zabudowy, WZ).

READ ALSO – HOW TO OBTAIN A BUILDING PERMIT

The zoning decision

Applying for a zoning decision is advantageous in that anyone can apply for one, even someone who does not own the plot. In this way, even before acquiring the land, we learn from the authority whether our plans for developing it can be carried out at all. To obtain a zoning decision, several important documents must be attached to the application. Our application must include a copy of the base map with the area of the planned development marked on it, and a technical description of the parameters of the proposed development. The municipality must then carry out an urban planning analysis. This involves examining neighbouring plots and buildings. Thanks to this, the authority learns whether the planned development will be consistent with the existing buildings.

Approval from the authority

If, as investors, we have met all the requirements, nothing stands in the way of our receiving a positive zoning decision from the municipal office. Among other things, this decision contains a number of points that must be observed. These include the type of development that may be built on the plot and its intended use. The decision also specifies the maximum dimensions of house designs, their maximum area, the designated access to a public road, the utility connections to be provided, and the minimum or maximum roof pitch.

READ ALSO – FORMALITIES AFTER BUYING A BUILDING PLOT

So where and what to build?

Consent to build a house or another structure is most often issued by reference to the existing development. As a rule, building a single-family house is possible near another house. Applying the principle of good neighbourliness is, in a sense, a guarantee and safeguard that a factory or farm buildings will not appear on the neighbouring plot. It is also necessary to establish the building line. It is determined by an existing building on a neighbouring plot along a public road, or by at least two buildings located along an internal road. It is therefore good to make sure, before buying a plot, that our project will comply with the municipality's urban planning assumptions.

Polish building law is convoluted, and procedures tend to drag on endlessly. It is best to seek advice early from practitioners who have already helped many investors. This will help you avoid unnecessary problems and obtain permits in the shortest possible time. The REMAX Gold office offers professional advice in this area, so we warmly encourage you to contact us.