Construction law from January 1, 2023. - changes in regulations

On January 1, 2023, an amendment to the Construction Law will take effect. The new regulations aim to introduce further simplifications in construction formalities.

One of the most important changes to be introduced is a new procedure for building single-family homes starting in January 2023. – without a building permit. The previous amendment in September 2021 introduced a provision that allowed certain residential buildings to be built without a permit. The condition was an area of less than 70 sqm. The new regulations are to expand this possibility. Houses over 70 sqm will also have a very simplified acceptance procedure, relying solely on the construction manager to confirm that they are ready for occupancy. The construction of houses without a building permit will have no restrictions on building area. The restriction will only apply to the height of the house – buildings will be allowed to have a maximum of two stories. Houses under 70 m² can already be built without a building permit and without a construction manager. Notifications are to be made on the basis of a project drawn up with a construction manager.

It is he who is to confirm that the building is ready for habitation. Houses under 70 sqm will still be able to be built without a construction manager and a building permit. It will also be possible to build a freestanding wind power plant without a permit and notification. The condition is that it must measure a maximum of 12 meters and a minimum of 3 meters, and its power output must not exceed that of a micro-installation. The distance of the wind turbine from the borders of the plot should not be less than its total height.

Another novelty is the possibility of building rainwater tanks without a permit and notification. The tanks can have a minimum of 3 and a maximum of 10 m³ in capacity.

Changes will also come into force regarding the obligation to obtain a permit for the use of buildings. The amendment stipulates that when putting into use, the rule should be the obligation to notify the construction supervision authority of the completion of construction. A use permit decision will be issued only in two cases, if the building object is to be put into use before all construction work is completed, and if the investor himself applies for such a decision. For single-family houses, it is also planned to eliminate the obligation to notify the completion of construction in favor of the possibility of commissioning such a building by the construction manager. For single-family residential buildings, on the other hand, there will be an obligation to notify the beginning of use, but this will be an action of a technical nature that will not initiate administrative proceedings on the part of the construction supervision authority.