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Notification of construction or construction works without a building design

How to handle the matter

You can handle the matter:

What you should know and who can use the service

Types of construction projects you can notify without a building design

You may notify and carry out construction without a building design for:
  • non-drainage tanks for liquid waste with a capacity of up to 10 m³
  • sewage treatment plants with a capacity of up to 7.5 m³ per day
  • temporary structures not permanently attached to the ground and intended for demolition or relocation — provided they are built within the period specified in the notification, but no later than 180 days from the start date indicated in the notification
  • piers with a total length of up to 25 m and a height (from the top of the pier to the bottom of the water body) of up to 2.5 m
  • LPG tank installations with a single tank of up to 7 m³ capacity, intended to supply gas installations in single-family residential buildings
  • cable ducting
  • driveways from national and voivodeship roads and parking bays on these roads
  • structures directly related to activities regulated by the Geological and Mining Law of 9 June 2011, in the scope of hydrocarbon exploration and recognition
  • water damming and discharge structures with a damming height below 1 m, located outside inland waterways and outside national parks, nature reserves, landscape parks, and their buffer zones
  • free-standing single-storey utility buildings, garages, and sheds with a built-up area of up to 35 m², with a maximum of two such structures per 500 m² of plot area
  • home porches and conservatories (winter gardens) with a built-up area of up to 35 m², with a maximum of two such structures per 500 m² of plot area
  • free-standing single-storey recreational buildings intended for seasonal use, with a built-up area:
    • up to 35 m²
    • over 35 m² but not more than 70 m², with structural spans up to 6 m and cantilever projections up to 2 m
    • limited to one such building per 500 m² of plot area
  • single-storey buildings with a built-up area of up to 35 m², serving as facilities for railway line maintenance, located on State Treasury land within Natura 2000 areas
  • utility structures with a built-up area of up to 35 m², with a structural span not exceeding 4.8 m, and ponds or water reservoirs with an area not exceeding 500 m² and a depth not exceeding 2 m from the natural ground level, intended solely for forestry purposes and located on State Treasury forest land within Natura 2000 areas
  • parking spaces for up to 10 passenger cars, located within Natura 2000 areas
  • school sports fields and recreational sports facilities such as tennis courts and running tracks
  • fences over 2.2 m in height
  • ground-level home terraces with a built-up area exceeding 35 m²
  • utility connections:
    • electricity
    • water supply
    • sewage
    • gas
    • heating
    • telecommunications
  • technological ducts in the road lane as part of road reconstruction
  • charging stations, excluding infrastructure for public road transport
  • disinfection basins, including those with roofing
  • pole foundations for telecommunications cable lines
  • agricultural utility structures and those supplementing farmstead development on existing homestead plots:
    • manure storage slabs
    • sealed tanks for slurry or liquid manure
    • above-ground silos for bulk materials with a capacity of up to 250 m³ and a height not exceeding 15 m
    • silos for silage
  • LNG regasification stations with a gas storage tank capacity of up to 10 m³
  • ponds and water reservoirs with an area exceeding 1,000 m² and not exceeding 5,000 m², and a depth not exceeding 3 m, located entirely on agricultural land
  • single-storey utility buildings and sheds with simple structures, related to agricultural production, with a built-up area of up to 300 m², a structural span not exceeding 7 m, and a height not exceeding 7 m, whose impact area is entirely within the plot(s) on which they are designed
  • structures for grain storage with a maximum capacity of 5,000 tonnes, located entirely within the administrative boundaries of seaports of key national economic importance

Types of construction works you can notify without a building design

You may notify and carry out the following without a building design:
  • reconstruction of:
    • certain structures that do not require a building permit but do require notification
    • gas and electricity networks
    • roads, tracks, and railway facilities
    • thermal insulation of buildings over 12 m and not higher than 25 m
    • renewable energy installations using hydropower with a total installed electrical capacity not exceeding 1 MW
  • renovation of:
    • structures whose construction requires a building permit
    • buildings whose construction requires a building permit — in the scope of external partitions or structural elements
  • installation of:
    • devices, including antenna support structures and radiocommunication installations, as well as associated equipment and power supply devices, over 3 m in height, on or off buildings
    • grilles on multi-family residential, public utility, and collective housing buildings
    • advertising boards and devices, excluding illuminated and backlit advertisements located outside built-up areas as defined by road traffic regulations
    • agricultural biogas micro-installations

When is a building permit required?

You must obtain a building permit if:
  • your investment requires an environmental impact assessment
  • your investment requires an assessment of its impact on a Natura 2000 area
  • construction works are to be carried out on a structure listed in the register of monuments
  • construction or works are to be carried out in an area listed in the register of monuments — in this case, attach the permit from the provincial monument conservator for construction works in the vicinity of the monument
If you are unsure whether a structure is listed in the register of monuments, check with the office where you are submitting the notification or with the monument conservator.

Can you apply for a building permit instead of submitting a notification?

Yes, you may apply for a building permit instead of submitting a construction works notification. You do not need to provide a reason for your decision. Attach the appropriate documents to your building permit application.

In what situations should you submit a notification with a building design?

Read about the situations in which and how to notify construction with a building design.

When should you handle the matter?

You must submit the construction works notification before starting the works.

If you begin construction without submitting the notification or before the authority has reviewed your notification, it will be considered unauthorized construction. In such a case, you will need to legalize the unauthorized construction through the building supervision authority.

Where can you handle the matter?

You can complete the procedure at:

  • county offices (starostwa powiatowe)
  • voivodeship offices (urzędy wojewódzkie)
  • district offices of the Capital City of Warsaw (urzędy dzielnicowe m.st. Warszawy)
  • city offices with county rights (urzędy miast na prawach powiatu)

You may also submit the notification electronically via the e-Budownictwo portal.

In most cases, the competent authority to receive the notification is the starosta (head of the county) or the mayor of a city with county rights. In some cases, the competent authority is the voivode.

Submit the notification to the voivode if the investment concerns construction works or structures:

  • located within the technical zone, seaports and harbors, internal maritime waters, territorial sea, exclusive economic zone, or other areas designated for maritime traffic and transport
  • hydraulic structures such as damming, discharge, regulatory structures, canals, and other facilities for water resource management and use, along with auxiliary structures (excluding land reclamation devices)
  • national and voivodeship public roads, including structures and devices for road maintenance and transport, and utility networks located within the road lane — not related to road use; for expressways and motorways — including facilities for travelers, vehicles, and cargo
  • located within railway areas
  • civil airports and associated facilities and equipment
  • located within restricted areas
  • strategic transmission network investments, as defined in the Act of 24 July 2015 on the preparation and implementation of strategic investments in transmission networks
  • wind power plants, as defined in Article 2(1) of the Act of 20 May 2016 on investments in wind power plants
  • investments of the National Real Estate Resource (Krajowy Zasób Nieruchomości)
  • metro systems and associated construction facilities and utility networks (if their construction or reconstruction is required due to the metro project)
  • utility networks located outside the road lane of a national or voivodeship road, if their construction or reconstruction is required due to the construction or reconstruction of that road
  • road engineering structures located within the road lane of a national or voivodeship road, not related to those roads
  • municipal or county roads, if their construction or reconstruction is required due to the construction or reconstruction of a national or voivodeship road
  • driveways, as defined in Article 4(8) of the Act of 21 March 1985 on public roads, from national and voivodeship roads
  • transmission networks, as defined in Article 3(11a) of the Energy Law of 10 April 1997
  • long-distance transmission pipelines for transporting crude oil and petroleum products

Note: If the investment is located within a mining site, submit the construction or other works notification to the competent mining supervision authority or to the President of the Higher Mining Office (WUG).

The President of WUG is the architectural and construction administration authority for the following structures of underground mining facilities:

  • structures for mining machinery
  • shaft headframes
  • shaft buildings
  • transport equipment structures where transport moves on tracks inclined more than 45°, in mining workings
  • free-standing buildings for control centers and dispatch rooms, including communication, safety, and alarm systems, and main telecommunication networks
  • structures for main ventilation stations
  • structures for high- and medium-voltage electrical equipment, installations, and networks supplying the facilities, machinery, and equipment referred to in Article 169(1)(1–5) of the Geological and Mining Law

Step-by-step instructions

1. Prepare and submit the notification and attachments

You may submit the application in writing or electronically via the e-Budownictwo portal.
An application submitted online must be signed using a trusted profile.

Read the user guide for the e-Budownictwo portal.

In the notification, specify the type, scope, location, and method of performing the construction works, as well as the start date.

Required documents

1. Notification of construction or other construction works – for buildings other than single-family residential buildings
Download:
You may submit the document as:
Original
2. Notification of construction or reconstruction of a single-family residential building
Download:
3. Statement of the right to manage the property for construction purposes
Download:
You may submit the document as:
Original
4. Sketches
You may submit the document as:
Copy
Original
5. Drawings
You may submit the document as:
Copy
Original
6. Site or land development plan
You may submit the document as:
Copy
Original
7. Technical description of the installation
You may submit the document as:
Copy
Original
8. Road traffic safety audit result
You may submit the document as:
Copy
Original
9. Justification from the road administrator
You may submit the document as:
Copy
Original
10. Permit for construction works in the vicinity of a monument
You may submit the document as:
Copy
Original

Additional information

If applicable.

The permit for construction works in the vicinity of a monument includes:

  • the name and address of the applicant or the name, registered office, and address of the entity
  • indication of the location of the planned construction works near the monument
  • scope and method of conducting the construction works specified in the permit
  • information that the proceedings regarding the issued permit may be reopened, and the permit may be amended or revoked under Article 47 of the Act
  • indication of the permit's validity period
The permit may specify conditions such as the obligation to:
  • notify the provincial monument conservator of the date of commencement of specific activities related to the issued permit, at least 3 days before the start of those activities
  • immediately notify the provincial monument conservator of any threats or new circumstances discovered during the construction works near the monument
  • undertake other actions to prevent damage or destruction of the monument
11. Power of attorney for administrative matters
Download:
You may submit the document as:
Original
Certified copy
12. Proof of payment of stamp duty for the power of attorney
You may submit the document as:
For inspection
Copy
Original

 

Some attachments must be submitted in original form

You must submit the following documents in original form:
  • Power of attorney (if applicable)
  • Statement of the right to manage the property for construction purposes

Other documents may be attached as scans or photos.

Documents submitted in original form may be in electronic format, provided they are signed with a qualified electronic signature, trusted profile, or personal signature.
Documents containing an electronic signature are considered originals.

The statement of the right to manage the property for construction purposes must be submitted by the investor or a person authorized to submit such a statement on behalf of the investor.
If you are submitting the notification via the e-Budownictwo portal, you can fill out the statement using the portal’s form wizard.

Additional attachments

For certain types of construction works, attach:
  • appropriate sketches or drawings, depending on the needs
  • permits, approvals, and opinions required under separate regulations, in particular the environmental decision, or copies of such documents
  • site or land development plan with a technical description of the installation, prepared by a designer with appropriate building qualifications, in the case of:
    • construction of LPG tank installations with a single tank of up to 7 m³ capacity, intended to supply gas installations in single-family residential buildings
    • construction of utility connections: electricity, water, sewage, gas, heating, telecommunications
    • construction of LNG regasification stations with a gas storage tank capacity of up to 10 m³
    • installation of agricultural biogas micro-installations
A site or land development plan, prepared by a designer with the required building qualifications, is also required for:
  • construction of pole foundations for telecommunications cable lines
  • construction of small architectural structures in public spaces

Additional attachments for specific types of notifications

For the reconstruction of external partitions and structural elements of single-family residential buildings (provided it does not increase the impact area beyond the plot on which the building is located), and for the installation of gas systems inside and outside an existing building, attach:

  • site or land development plan and architectural and construction design in three paper copies or in electronic format, along with opinions, approvals, permits, and other documents required under separate regulations, or copies thereof
  • decision on land development conditions, if required under spatial planning regulations
For notifications concerning:
  • mining facility structures
  • structures located in restricted areas, technical zones, seaports and harbors, internal maritime waters, territorial sea, exclusive economic zone, or other areas designated for maritime traffic and transport
Attach an administrative ruling confirming agreement with the architectural and construction administration authority regarding:
  • building line and facade design of structures facing roads, streets, squares, and other public areas
  • layout and technical characteristics of roads, transport lines, and utility networks extending beyond the boundaries of the restricted area, seaports, and harbors, as well as their connections to public utility networks

For the construction of LNG regasification stations with a gas storage tank capacity of up to 10 m³ and the installation of agricultural biogas micro-installations, the site or land development plan must be agreed upon in terms of fire protection.

In the case of agricultural biogas micro-installations, you must also notify the State Fire Service authorities.

Road safety audit

If the notification concerns the reconstruction of a road within the Trans-European road network, attach:

  • road traffic safety audit result
  • justification from the road administrator

For construction works that do not require a building permit but are to be carried out in an area listed in the register of monuments, attach the permit for construction works in the vicinity of a monument.

Deadline

You must submit the construction works notification before starting the works.
If you begin construction without submitting the notification or before the authority has reviewed it, it will be considered unauthorized construction. In such a case, you must legalize the unauthorized construction through the building supervision authority.

2. The authority will check the completeness of your notification

If your notification is incomplete, the authority will issue an administrative ruling requesting you to correct the deficiencies. The ruling will specify a deadline for doing so.
If you fail to correct the deficiencies within the given time, you will receive a decision of objection to the construction works listed in your notification.

Submit the corrected documents to the same authority where you submitted the original notification.

3. The authority will issue either a silent approval or a decision of objection

If your notification meets all requirements, the authority will accept it by issuing a silent approval.
Silent approval means you will not receive any written confirmation of approval for the construction works.
However, the authority may, within 21 days, issue an official certificate confirming that there are no grounds for objection.

You will receive a decision of objection to the construction works if:

  • you do not correct the deficiencies in your notification
  • the construction or works require a building permit
  • the investment is inconsistent with the local spatial development plan, the decision on land development conditions, the decision on the location of a public purpose investment, or other local regulations or legal provisions
  • the notification concerns the construction of temporary structures (not permanently attached to the ground and intended for demolition or relocation within the period specified in the notification, but no later than 180 days from the start date indicated in the notification) in a location where such a structure already exists
The authority may, in the decision of objection, require you to obtain a building permit if:
  • the execution of the works may violate the provisions of the local spatial development plan or the decision on land development conditions
  • the execution of the works may result in:
    • a threat to the safety of people or property
    • deterioration of the environment or the condition of monuments
    • deterioration of sanitary and health conditions
    • introduction or increase of restrictions or nuisances for neighboring areas (if your investment affects adjacent plots)

Please note: If your notification concerns LPG tank installations with a single tank of up to 7 m³ capacity in a single-family residential building, you must visit the authority to obtain a construction logbook.

 

What is the fee for the service?

The service is free of charge.

17 PLN – stamp duty for the power of attorney (optional)

If you submit a power of attorney to the authority, you must pay the stamp duty.
You do not have to pay the fee if the power of attorney is granted to your spouse, children, parents, grandparents, grandchildren, or siblings.

Where to pay:
Pay the stamp duty to the municipal or commune office relevant to the location of the authority where you submit the power of attorney.
You can find the account number on the website of the relevant city or commune office.
For example, if you submit the power of attorney to the Poznań City Office, pay the fee to the account of the Poznań City Office.

Duration of the process

You may begin construction works 21 days after submitting a complete notification, provided that the authority has not issued an objection within that time.
If the authority has no grounds for objection, it may issue a certificate of no grounds for objection before the 21-day period ends.
This certificate also entitles you to begin construction works.

Important:
The 21-day period is counted from the date of submitting a complete notification.
If the notification was supplemented, the period is counted from the date of submission of the supplement or from the expiry of the deadline indicated in the administrative ruling requesting the supplement.

Some construction works may begin immediately after the notification is delivered to the authority.
This applies to the construction of free-standing, no more than two-storey single-family residential buildings with a built-up area of up to 70 m², whose impact area is entirely within the plot(s) on which they are designed, and which are built to meet personal housing needs.

Note:
The 21-day period does not mean that the authority must deliver the objection decision within that time.
It is sufficient for the authority to send the decision by post or enter it into the electronic system used to deliver decisions electronically for the objection to be considered issued.
It is best to contact the authority after the deadline to confirm whether your notification has been accepted.

How to appeal?

You may appeal the decision of objection to the construction works included in your notification.
Submit the appeal via the authority that issued the decision.
You have 14 days to do so, counting from the date you receive the decision.

Your appeal will be handled by:

  • the Voivodeship Office – if the notification was submitted to a county office or a city office with county rights

  • the Main Office of Building Control (GUNB) – if the notification was submitted to a Voivodeship Office

Note:
Persons who were not the applicant, but are dissatisfied with your notification (e.g. neighbors), may assert their rights in remedial proceedings before the building supervision authority.
This procedure is based on court rulings – e.g. the Supreme Administrative Court ruling of 14 April 2010 (case no. II OSK 665/09) and the Warsaw Voivodeship Administrative Court ruling of 12 April 2017 (case no. VII SA/Wa 1403/16).

What types of construction do not require either a building permit or a notification

In some cases, neither a building permit nor a notification is required.

You do not need a building permit or to submit a notification for:

  • agricultural utility structures supplementing farmstead development on an existing homestead plot:
    • single-storey utility buildings with a built-up area of up to 35 m² and a structural span not exceeding 4.80 m
    • container-type drying facilities with a built-up area of up to 21 m²
  • sheds with a built-up area of up to 50 m², located on a plot with a residential building or designated for residential development, provided that the total number of such sheds on the plot does not exceed two per 1,000 m² of plot area
  • free-standing garden gazebos with a built-up area of up to 35 m², provided that the total number of such structures on the plot does not exceed two per 500 m² of plot area
  • allotment gazebos and utility structures
  • bus stop and platform shelters
  • single-storey buildings with a built-up area of up to 35 m², serving as facilities for railway line maintenance, located on State Treasury land, excluding those situated in Natura 2000 areas
  • parking spaces for up to 10 passenger cars, excluding those located in Natura 2000 areas
  • utility structures with a built-up area of up to 35 m² and a structural span not exceeding 4.80 m, and ponds or water reservoirs with an area not exceeding 500 m² and a depth not exceeding 2 m from the natural ground level, intended exclusively for forestry purposes and located on State Treasury forest land, excluding those situated in Natura 2000 areas
  • free-standing telephone booths, cabinets, and telecommunications posts
  • self-powered parking meters
  • driveways from county and municipal roads and parking bays on those roads
  • culverts with an internal cross-section of up to 0.85 m²
  • private swimming pools and garden ponds with an area of up to 50 m²
  • structures that are water reclamation devices
  • shoreline reinforcements and other artificial, surface or linear reinforcements of riverbanks, mountain streams, or sea coasts, excluding retaining structures
  • ramps for persons with disabilities
  • telecommunications cable lines
  • power networks with a rated voltage not exceeding 1 kV on existing pole foundations
  • measuring devices, including fencing and internal roads, of the national hydrological-meteorological and hydrogeological services, such as:
    • water gauge, meteorological, rainfall, and groundwater monitoring stations
    • observation points for groundwater levels and water quality monitoring
    • observation piezometers and protected springs
  • small architectural structures, excluding those located in public spaces
  • fences not exceeding 2.20 m in height
  • structures intended for temporary use during construction works, located on the construction site, and construction trailers used for construction, geological surveys, and geodetic measurements
  • temporary structures serving solely as exhibition displays, with no functional use, located in areas designated for that purpose
  • geodetic markers and triangulation structures, excluding those located in national parks and nature reserves
  • military training structures, including defensive positions, crossings, earthworks, fortifications, temporary installations, and container structures, located in restricted areas designated by the Minister of National Defence for military exercises using field camps and terrain fortifications for simulated combat
  • enclosures for groundwater intakes
  • charging points
  • devices located in the road lane of public roads, including foundations, support structures, and associated equipment, used for:
    • road management, including intelligent transport systems
    • traffic management, including road safety devices
  • ATMs, ticket machines, deposit machines, vending machines, parcel lockers, or other service machines with a height of up to 3 m
  • container structures with installations and connections, and associated utility networks (electricity, water, sewage, heating), located in restricted areas designated by decision of the Minister of National Defence
  • above-ground tanks that are construction structures, used for storing Class III liquid fuels for the user’s own needs, with a capacity of up to 5 m³
  • ground-level home terraces with a built-up area of up to 35 m²
  • ponds and water reservoirs with an area not exceeding 1,000 m² and a depth not exceeding 3 m, located entirely on agricultural land
A building permit or notification is also not required for the reconstruction of structures damaged by natural disasters, including:
  • buildings or linear structures related to telecommunications infrastructure with minor impact, or technical infrastructure
  • pole foundations for telecommunications cable lines and power lines, or telecommunications connections

 

What types of construction works do not require either a building permit or a notification

In some cases, neither a building permit nor a notification is required for construction works.

You do not need a building permit or to submit a notification for:

Reconstruction of:

  • buildings whose construction requires a building permit, including single-family residential buildings, excluding reconstruction of external partitions and structural elements
  • certain structures that do not require a building permit but do require authorization
  • thermal insulation of buildings not exceeding 12 m in height
  • construction devices

Renovation of:

  • construction structures, excluding renovation of structures whose construction requires a building permit
  • buildings whose construction requires a building permit – limited to external partitions or structural elements
  • construction devices

Installation of:

  • devices on construction structures, whether or not they constitute a complete technical and functional unit, including antenna support structures and radiocommunication installations, as well as associated equipment and power supply devices, not exceeding 3 m in height
  • grilles on construction structures, excluding installation on multi-family residential buildings, public utility buildings, and collective housing
  • heat pumps, free-standing solar collectors, and photovoltaic devices with a total installed electrical capacity not exceeding 150 kW, provided that for photovoltaic devices with a capacity exceeding 6.5 kW, the design must be:
    • agreed upon with a fire protection expert regarding compliance with fire safety requirements (referred to as "fire protection agreement")
    • notified to the State Fire Service authorities
  • installations inside and outside an existing building, excluding gas installations

Other works:

  • ground surface hardening on building plots

What you must do if you want to complete construction after purchasing a plot with an accepted and valid construction notification

If you have purchased a plot where construction of a house is already underway based on a construction notification with a building design, you may transfer the notification to yourself.

In what situations should you apply for a building permit for a temporary construction structure

If you are constructing a temporary construction structure — intended for demolition or relocation — you may take advantage of the legal possibility to continue using it.

To do so, before the expiry of 180 days from the start date of construction, submit an application for a building permit for the structure erected as temporary.

Once you submit such an application, you do not need to demolish or relocate the temporary construction structure until the building permit procedure is completed.

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