A pondin a garden can provide a lot of joy but also worry, if it turns out that we have built it illegally. Find out more aboutpond construction regulations , find out whenpond construction permitand download the templates of the required documents.
Pond - when is a building permit required?
" Spring is coming, we have some ground and lots of enthusiasm to build a pond. We wonder what the shape of the tank will be, what material, what plants to plant around the pond, or decide to let fish in … Finally, spring comes, then summer - we already know what our dream pond will look like, where and how we will place it and start building .Then our nice neighbor, who knows a bit about building regulations and does not like us, kindly reports that we have just made a construction license … "
"We are surprised - how? In our own area, a small pond? By what law do they make us dismantle them, or worse, pay a considerable legalization fee and play with difficult paperwork?By what law? Well - the construction law. "
Pursuant to the Construction Law of July 7, 1994 (i.e. Journal of Laws of 2006, No. 156, item 1118, as amended), construction works may only be commenced on the basis of a building permit decision - with some exceptions of which we are currently interested in the pond.
Pursuant to the provisions of Art. 29 sec. 1 point 15 of the Building Lawa building permit is not required to build home pools and ponds up to 30 m². Nevertheless, Art. 30 sec. 1 point 1 obliges us to report such construction to the competent authority . "
And here's a small note:both construction of a building object without a valid building permit as well as construction without notification of the object, for which no building permit is required, but only a notification - is a construction lawlessness.
So let's think today what should be done so that our neighbor does not get the satisfaction of forcing us to demolish the ready pond? If the area of our small pond does not exceed 30 m &178 - it is enough to submit an application. The application should specify the type, scope and manner of performing construction works and the date of their commencement, as well as attach a statement on the right to use the property for construction purposes. It is advisable to attach a drawing, a sketch or a map with the investment location marked, and even a modest description of the intended scope of the works (it may be included in the application).
We submit all this in one copy to the appropriate County Office and make sure that the other copy (for our own archive) is stamped by the nice lady in the secretariat with the date of receipt. Alternatively, the application is sent by post with a return confirmation of receipt. This is important due to the fact that we can start the works only after 30 days from the date of delivery of the application to the Poviat Starosty and provided that it does not raise an objection within this period (by way of a decision). Remember that the date of commencement of works indicated in the notification should cover the 30-day period required by the Construction Law, as well as the possible date of shipment by post. For example, we write the notification on February 16, 2009 and we intend to send it by post on the same day (with the current post office, it will be safe to assume a 7-day delivery period). Therefore, we count the 30-day period from February 24, and the date of commencement of works entered in the notification is March 26, 2009.
We can start the works within two years from the date of commencement of construction works specified in the notification, i.e. until March 26, 2011.
If it is necessary to supplement the notification, the competent authority imposes an obligation on the applicant to supplement the missing documents within a specified period, and in the event of failure to complete them - it raises an objection by way of a decision.
Due to its classification, our pond, which is a construction object, does not require, however, to keep a Construction Facility Book.
In the case of a pond with an area of more than 30 m², the procedure is different, because it already requires a building permit.Useful letter patterns:
"border=0 height=23 width=24 of construction of a building object that does not require a building permit (PDF) "
"border=0 height=23 width=24 of the construction of a building object that does not require a building permit (DOC) ""border=0 height=23 width=24 of the right to use the property for construction purposes (PDF) ""border=0 height=23 width=24 of the right to dispose of the property for construction purposes (DOC)
The above text is based on the legal status as of 02/02/2009. This is not legal advice. The author of the text does not guarantee that the text is up-to-date at a later date, and is not responsible for compliance with the above-mentioned recommendations.
