The new 2023 construction law allows farmers to build without a permit and even in some cases to build without a notification. Find out the details and take advantage of express construction of a hall, shed or garage on your plot – quickly and without unnecessary paperwork. When can a hall be built without notification? When can a hall be built without a building permit, by notification? When do you have to get a permit to build a hall, garage or other building?
Construction of hall without notification in 2023 – new construction law
The no-notice construction procedure, the most simplified one, i.e. without informing the authority of one’s construction plans, makes it possible for agricultural producers to build halls quickly.
A building without notification, that is, an outbuilding associated with agricultural production, must meet several important conditions:
- construction area – up to 150 m2
- structure span – up to 6 m
- height – up to 7 m
- Can only have 1 story.
An agricultural hall without a permit can have various uses. Such dimensions of the building allow, for example, the construction of a garage without a permit to accommodate agricultural machinery, or the construction of a steel hall without a permit for another purpose (related to agricultural production).
Construction of a hall without a building permit, by notification in 2023 – new construction law
The procedure for construction without a permit, or construction by notification, is possible for farmers who intend to erect a building larger than 150 m2. The Construction Law provides for them a simplified procedure for construction without a building permit, but a notification to the relevant authority is then required. Agricultural producers can take advantage of Construction of a hall without a building permit for the so-called “construction of the hall”. report, if the building is related to agricultural production and meets the following conditions:
- construction area – up to 300 m2
- structure span – up to 7 m
- height of the structure – up to 7 m
- Can only have 1 story.
Building a hall with a building permit – new construction law
If an outbuilding, associated with agricultural production, does not meet the conditions described above, then the farmer is subject to additional paperwork. Therefore, you can only build steel halls over 300 m2, with a structural span of more than 7 m, higher than 7 m, or with more than one story after obtaining a building permit.
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What is the difference between the procedure for building a hall without a notification, building a hall with a notification without a building permit, or building a hall with a building permit under the new construction law in 2023?
Construction of a hall without notification – procedures and formalities
The procedure for construction without notification, which applies to farm buildings related to agricultural production, up to 150 sqm, with one story and a height of up to 7 m, is simplified to the maximum. You can build such a building without the need to obtain any documents and without reporting the construction to the government. In practice, it is possible for farmers to simply build a steel hall overnight. Just remember to keep a distance of 4 m from the border of the neighboring plot.
It is worth knowing that the construction of a hall without notification is allowed in places where there are no explicit prohibitions on construction, such as those contained in the local zoning plan. After building a hall without notification, it is necessary to use a surveyor to plot the building on maps. This concludes the formalities of building a hall without notification.
Construction of a hall on notification (halls without a building permit) – procedures and formalities
In the case of the construction of a hall for notification (these are usually larger farm buildings, related to agricultural production, up to 300 m2) there is a simplified procedure involving:
- plotting the object on the map
- making a description and drawings of the hall, which will include its dimensions
- submission of application documents to the relevant office
Once the intention to build such a hall has been filed, the authority may object to the construction, but has a deadline of no more than 21 days from the date of service of the application. If the authority does not issue a refusal within this time, or if it does not respond at all to the application in question, then you can build a building on an application as early as 22 days after submitting the documents. If you want to speed up the procedure and shorten the waiting time, you can apply to the office for a certificate of no objection. If the winds are right, it may only take a few days and it will be possible to quickly begin construction of the hall on the application.
Building without a building permit – after the construction of an outbuilding on a notification, it is necessary to have the building plotted on a map by a surveyor, which is similar to the construction of a hall without a notification.
Construction of a hall with a building permit – procedures and formalities
Building without a permit in 2023 is a very favorable solution for farmers, but not all buildings can be erected using simplified procedures. In the case of erecting a building larger than 300 m2, which does not meet the conditions of the simplified procedures described above, it is necessary to obtain a building permit. The procedure for obtaining a building permit requires the submission of relevant documents and is more time-consuming. Proper preparation of a set of documents and fulfillment of all formalities makes it possible to obtain a positive decision and permit for the construction of the selected hall.
The first step is to check whether the area where you want to build the hall has a local development plan (LDP). Such a plan tells you precisely what kind of development you can plan on a given site.
If your plot does not have a valid Local Development Plan, you should apply to the municipality for development conditions. To do this, you need to buy a map at the surveying center at a scale of 1:500 or 1:1000, with an adequate reserve of the area surrounding your plot, submit it together with an application on the required template, in which you describe in detail:
- building type
- building dimensions
- the place where the building is to be erected
It should be remembered that already at the stage of applying for development conditions, the site’s access to a public road must be documented.
After reviewing the application for development conditions, the office will prepare a document “decision on development conditions” in which it will be determined whether you can, and under what conditions, erect such an object on a given plot of land.
The next step in the paperwork is to go with the zoning decision to the architect. First, he will make a site plan where your hall and other required elements will be drawn in. Then the architect will make an architectural and construction project for you. Depending on the arrangements, the architect may also apply to the authority on behalf of the investor for a construction permit decision.
The procedure for issuing a zoning decision and obtaining a building permit can take from three to as many as a dozen months. Sometimes all the paperwork takes even more than a year.
You will only need the technical documentation of the building (technical designs of the hall) when construction begins. You hand them over to the construction manager. You can arrange permission for the construction of connection installations such as water, sewer, electricity, gas and the design of the exit from the road at a later stage.
The procedure for building a large hall with a building permit is, of course, the most onerous, but it is necessary for agricultural buildings that do not meet the conditions that allow a simplified construction path.
Construction without a notification, construction without a permit, construction with a notification or construction with a permit – in 2023 there are many different options for farmers who want to expand their farm.
In summary, the farmer has three options to choose from:
- halls without building permit and without notification
- halls without a building permit, with a notification
- halls with building permit
The construction of a very large hall with a building permit requires more time and patience from the investor in dealing with the necessary paperwork. For this reason, many farmers choose to build an undeclared hall of up to 150 sqm or to build a declarable hall without a building permit of up to 300 sqm. The new Construction Law 2023 has definitely simplified the process of erecting new buildings by farmers. Choose a hall size that meets your needs and take advantage of simplified construction procedures.
