Residential blocks further from the property boundary
The current provisions of the Regulation allow for (subject to the exceptions indicated in the Regulation) buildings to be located on building plots at a distance of not less than:
- 4 metres from the plot boundary - in the case of a building facing a wall with windows or doors towards that boundary;
- 3 metres from the plot boundary - in the case of a building facing the boundary with a wall without windows or doors.
In addition to the regulations already in force, the amended Regulation introduces completely new provisions, relating exclusively to multi-family residential buildings whose height exceeds 4 overground storeys. Construction of such buildings will be possible if their distance from the property boundary is no less than 5 metres, regardless of whether they face the boundary with windows or doors.
In the case of buildings (including residential buildings the height of which exceeds 4 storeys overground) facing the plot boundary with a wall without windows or doors, it will be possible to deviate from the rules described above and reduce their distance from the boundary to a distance of no less than 1.5 metres. However, this exception will be applicable only if the provisions of a local zoning plan provide for such a possibility.
It should be emphasised that the amendments to the Regulation refer only to multi-family residential buildings and not to collective residential buildings. Therefore, the new regulations will not cover hotels, guesthouses or dormitories.
Playground at each residential building
As the law currently stands, it is only necessary to situate a playground and disabled recreation areas for a complex of multi-family buildings covered by a single building permit. The new regulations require housing developers to provide a playground that is sufficiently sunny, fenced, equipped and located at a safe distance from the street, already for one multi-family residential building or for a complex of multi-family residential buildings with more than 20 flats. Exceptions to this rule are provided for when the multi-family residential building or the complex of multi-family residential buildings with more than 20 flats is located in an inner-city development.
According to the planned amendments, minimum surface requirements for playgrounds will also be established, according to which their surface should be at least:
- 1 sq. m. per flat - where there are between 21 and 50 flats in a building or a group of buildings;
- 50 sq. m. when the building or a group of buildings has between 51 and 100 flats;
- 0,5 sq. m. for each flat - where there are 101 to 300 flats in a building or a group of buildings;
- 200 sq. m. - where there are more than 300 flats in a building or a group of buildings.
The new legislation aims to introduce minimum standards for the equipment and safety of playgrounds. It seems that the legislator's intention is also to counteract the phenomenon of only 'symbolic' playgrounds being located in unsuitable locations, which consequently do not fulfil their function.
The end of micro-apartments
The current wording of the Regulation does not indicate what a minimum floor area of a commercial unit should be. According to the planned amendments, a provision will be introduced in the Regulation, according to which the usable area of a commercial unit in a building should be no less than 25 sq. m. It will be possible to construct a commercial unit with a usable area of less than 25 sq. m., provided that such a unit is located on the first or second above-ground storey of the building and has direct access from the outside of the building.
However, the minimum floor area requirement will not apply to commercial units located in: (i) collective residential buildings (e.g. hotels, guesthouses, dormitories), (iii) buildings for which, before 1 April 2024, a final building permit decision will have been issued or a construction notification will have been filed, to which the architectural and building administration authority will not raise an objection or a certificate of no grounds for objection will have been issued.
As we can read in the explanatory memorandum to the planned amendments to the Regulation, the introduction of a minimum area for commercial units is intended to counteract the phenomenon of so-called 'commercial units' being separated in buildings, which are then sold as 'investment units' but are in fact used as residential units that are small and do not meet the relevant requirements for a flat.
Changes to balconies and service premises
The new regulation also introduces changes to balconies and loggias in residential buildings. In the case of balconies on a single balcony slab, as well as in the case of adjoining loggias, a full vertical separation in the form of a permanent partition, of sufficient height and light transmission, will be necessary.
The project also introduces the obligation to locate, near the entrance to the building or on the underground storey, a utility room in the form of a utility building, shed or gazebo, with an area of at least 15 sq. m., intended for the storage of bicycles and prams.
The solutions adopted are intended to ensure greater comfort of use and privacy for the tenants. The new regulations also aim to allow bicycles and prams to be stored in a specially designated area.
Entry into force
The Regulation in its new form will come into force on 1 April 2024.
However, for a building project in respect of which before 1 April 2024:
an application for a building permit, an application for a separate decision on approval of a plot or land development project or an architectural and building project, an application for an amendment to a building permit will be submitted,
- a decision on the building permit or a separate decision on approval of a plot or land development project or an architectural and building project is issued,
- a notification of construction or performance of construction works is filed in the event that a decision on the building permit is not required,
- a decision on legalisation referred to in Article 49 (4) of the Building Law and decisions referred to in Article 51 (4) of the Building Law is issued,
- the provisions of the Regulation in their current form will apply.
As indicated in the explanatory memorandum to the draft amendments to the Regulation, the intention of the added transitional provisions in the case of issuance of both a building permit and a legalisation decision is to maintain an equal status of the investor, both during the ordinary procedure for granting the original building permit issued by the architectural and building administration authorities, and for granting the subsequent building permit during legalisation and remedial proceedings conducted by the building supervision authorities. In both of these cases, we are dealing with building projects that have already been completed or are in the process of being completed, and the investor will not be surprised by new obligations resulting from amended technical requirements.
Residential developers currently have five months to prepare for the upcoming changes and adjust their investment plans to the new legal requirements.
