According to data provided by the Central Office for Construction Supervision, there were 2181 demolition orders issued in 2017 due to reported instances of unauthorised constructions. Apart from issuing the demolition order, the instance of unauthorized construction may cost you a fine of up to PLN 720,000.00, restriction of liberty or even two years imprisonment.
Unauthorized construction is when construction works are carried out without the required permits, when they have not been notified to the competent authority or if they are carried out despite the objections of the competent authorities. Ignorance on the necessity to notify the competent authority about construction works being carried out resulted in 2181 demolition orders issued in 2017 due to reported instances of unauthorized construction– it’s over half of all such orders issued last year.
What instances can be considered unauthorized construction – changes introduced after 2017
Construction works, which may be considered instances of unauthorized construction, include both the construction of a new building and its reconstruction, which results in a change in the parameters of the building. It is the fine line so the instance of the unauthorized construction may happen even despite investor’s good intentions.
– Construction works that do not require the building permit and notice to the competent authority are specified in Articles 29, 30, and 31 of the Act on the Construction Law. As from 1 January 2017, this census was extended to include, among other things, free-standing gazebos of the area not greater than 35 square metres, exits from national roads and parking bays on these roads, and temporary constructions. Therefore, before starting any construction project, it is necessary to get acquainted with the said census and determine whether your planned construction works require the building permit or notice of their commencement made to the competent authority – says Jacek Kosiński of the law firm Jacek Kosiński Advocates and Legal Advisers.
Demolition, a fine or even restriction of liberty and imprisonment
Consequences related to the decision determining the unauthorized construction instance are specified in Article 48 et seq. and Article 49b et seq. of the Act on the Construction Law. The competent construction supervision authority may order demolition of the construction or added part thereof at the expense of the investor or if the investor delays the demolition, the authority may commission it to an external company and order the investor to pay the costs of the demolition. Article 90 of the Act on the Construction Law provides that continuation of the construction works is subject to a fine of up to PLN 720,000.00, restriction of liberty for 1 to 12 months or two years imprisonment.