Technical conditions of buildings - new regulations and changes to come into force on 1 August 2024

Technical conditions of buildings – new regulations and changes to come into force on 1 August 2024

2024 / 06 / 24

Last year, on 7 October 2023, the Minister of Development and Technology issued a Regulation amending the regulation on technical conditions to be satisfied by buildings and their location. The Regulation was originally scheduled to come into force on 1 April 2024. However, the new Minister of Development and Technology made some changes by issuing the Regulation of 27 March 2024 (the “Regulation“). According to the Regulation, the new provisions will come into force on 1 August 2024.

What changes will the amendment bring? The main ones are outlined below.

Micro-apartments and the minimum floor area for commercial premises

The minimum usable area of commercial premises in newly designed multi-family buildings should be 25 m². Possible exceptions to this rule will include (without limitation) situations where:

the premises are on the first or second floor above the ground level of the building and there is direct access to the premises from the outside of the building.

The requirements do not apply to premises located in:

collective residential buildings or single-family residential buildings from which the premises are separated; and
buildings for which a building permit was issued before 1 April 2024 or for which a building notification was submitted to which the Architectural and Building Administration Authority did not raise any objections or for which a certificate of no grounds for objection was issued in accordance with Article 30, Section 5aa of the Act of 7 July 1994 – Building Act.

Over-concentration of residential development and increased distances between buildings and loggias

Where balconies of adjoining flats in a multi-family residential building are located on a single balcony slab, a permanent partition will be required to provide comfort of use, with a light penetration of not less than 30% and not more than 50%.

Changed distances to the plot boundary

According to the regulation, the minimum distance from the plot boundary for the construction of a building with more than 4 storeys above ground will be increased to 5 m. This distance will apply regardless of whether there are windows and doors in the wall facing the plot boundary. In addition, a balcony in such a building will not be allowed to be closer than 3 metres to the boundary of the plot.

Counteracting excess concrete

According to the new legislation, on plots intended for the construction of multi-family residential buildings, health care buildings other than outpatient clinics, and educational buildings, at least 25 per cent of the plot area must be designed as biologically active area, unless a different percentage results from the provisions of the local spatial development plan. Consequently, for any site where there is no local plan in force but a development decision has been issued, a minimum of 25% of the biologically active area will be required.

Facilities in common areas

The obligation to construct a utility room with a minimum area of 15 m². The room should be located in multi-family housing and should be designed for storing bicycles and children’s prams.
Increased requirements for playgrounds If the number of flats in a multi-family building exceeds 20, it will be necessary to provide a recreation area accessible to people with special needs and equipped with leisure facilities. In addition, at least 30 per cent of the area of the children’s playground must be on biologically active land. The regulation also sets out technical requirements and the location of playgrounds, including in particular their orientation, sun exposure, fencing, minimum size and type of surface.
Improved minimum sound insulation requirements for flats. The entrance door to a flat from a staircase or general traffic corridor should have a sound insulation of at least 37 dB. In addition, internal walls and ceilings separating flats in a single-family building should meet the acoustic requirements for partitions between flats in a multi-family building, as specified in the Polish Standard on the required acoustic insulation of partitions in buildings.
Recreational areas. It will also be mandatory to create recreational areas accessible to people with special needs.
Changes to parking spaces for people with disabilities. A restriction will be introduced on the number of parking spaces for cars used exclusively by disabled people. There must be at least one such space, but no more than 6% of the total number of parking spaces within a development.

As a result, the changes will certainly improve the comfort of property users. However, they may also increase costs, resulting in higher prices for apartments.

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