Garden gazebois associated with relaxation and rest. Sometimes, however, such a house on a plot of land can bring us more trouble than benefits. Issues regardingbuilding gazebos on plotssets out a number of regulations that should be read before building a gazebo (or purchasing a plot with an already built gazebo). Here's what you need to know before deciding on a garden gazebo!
Garden gazebo
Garden gazebo - what is it really?
As this concept covers quite a variety of allotment buildings, let's first define what exactly is covered by the concept of a garden gazebo. I think that for our needs you can use the definition thatgarden gazebois:
"a light structure, usually openwork, placed in the garden, often decorative. Its task is to protect against rain and sun. A place for meetings and rest. (…) Today also a summer house in the garden.
As you can see, a gazebo can be defined as both light, roofed buildings without walls (the roof is based on several pillars) as well as small houses.
Where to find regulations for garden arbors?
The regulations for the construction of gazebos on plots mainly define the permissiblemaximum gazebo sizesand the required distance of the gazebos to be built from the plot fence. These issues are regulated by the GDPR Regulations, the GDPR Act, the Construction Law of July 7, 1994 (i.e. Journal of Laws of 2000, No. 106, item 1126, as amended) and the Act of January 12, 1991. on taxes and local fees (Journal of Laws of 2002, No. 9, item 84, as amended5.
What issues are regulated by the ROD regulations?
Pursuant to § 107 of the GDPR Regulations (which contains the most detailed indications regarding the construction of gazebos on garden plots):
- The gazebo in the garden is a detached, one-story facility, providing the family with conditions for relaxation.
- The gazebo may have a basement and an attic.
- The gazebo should be functional and aesthetic.
- The gazebo can have a built-up area measured along the contour of the external walls:
1) in gardens within city limits up to 25 m²,
2) in gardens outside city limits up to 35 m². - The gazebo can have a covered open terrace with an area of up to 12 m². The area of the terrace is not included in the building area of the gazebo, with the exception of its part located under the attic or above the basement of the gazebo.
- The gazebo can be up to 5 meters high with a steep gable roof and 4 meters high with a different roof shape.
- The height of the arbor is measured from the ground level to the highest point of the roof.
- The distance of the gazebo from the plot boundaries must not be less than 3 meters.
- If the development plan for the family allotment garden specifies the location of the gazebo, a member of the Association is obliged to build it in accordance with this plan.
- The gazebo in gardens outside the city limits can be equipped with a fireplace.
" Pursuant to § 108 of the Rod Regulations, the PZD member is obliged to notify the management board in writing of the intention to build or extend the gazebo, enclosing a drawing taking into account its dimensions and location within the plot. "
When is a permit to build a gazebo required?
If we are building a gazebo within the dimensions indicated above, nobuilding permitis required. This issue is regulated by the above-mentioned Construction Law. This provision reads exactly like this (Chapter 4, Art.29, Item 1, Subsection 4):
A building permit is not required for the construction of gazebos and outbuildings on plots in employee garden plots with a development area of up to 25 m² in cities and up to 35 m² outside cities, and up to 5 m high for steep roofs and up to 4 m for roofs flat.
So the ROD Regulation specifiesthe maximum size of the gazebo , and the Construction Law Act releases us from the need to obtain abuilding permit for the gazebolocated in these sizes. Therefore, the intention to build an arbor must be notified in writing only to the Garden Board.
Tax on the construction of the gazebo
There are still tax issues, regulated by the above-mentioned act on local taxes and fees. These issues were pointed out by Prof. Leonard Etel from the Faculty of Law of the University of Bialystok (the quote comes from Polska.pl), who writes as follows:
Allotment gazebos without foundations are not buildings within the meaning of the Act on Local Taxes and Fees. Therefore, they are not taxable. In this case, the owners of the arbors (which they are always gardeners) do not have to make any moves or report anything. It is different when the gazebo has a foundation. Then the allotment owner is obliged to submit information about the owned building to the appropriate commune office and show the gazebo as tax-free.
Consequences of exceeding the permissible sizes of the gazebo
" You may be asking yourself a question now: what if I build a gazebo exceeding the permissible dimensions? This problem is also encountered by people who want to own a plot on which such an oversize gazebo has already been built. The consequences that may threaten you are included in the legal advice posted on the PZD website: "
" (…) the construction of an object on a plot of land in violation of the POD regulations is associated with three negative consequences for the plotter. First of all, a member of the Association is obliged to remove any irregularities identified by the management of the garden, and even to dismantle an extended gazebo, if the violations cannot be removed in any other way. In the event of failure to comply with this order, the allotment owner may be deprived of the membership and the right to use the plot. Secondly, erecting an object larger than required on the plot requires a building permit.Erecting a similar facility without such a permit is considered to be a construction license and is associated with specific sanctions imposed by construction supervision authorities - including the demolition of the facility. Thirdly, a building built on a plot of land in an allotment garden in breach of the GDPR regulations is a building within the meaning of tax regulations if it is permanently attached to the ground, separated from the space by building partitions, and has foundations and a roof; such an object is therefore subject to real estate tax. The taxpayer for such a building will be its owner, i.e. the allotment owner. "
As you can see, it is not worth building or purchasing agarden gazebonot falling within the prescribed standards, because it may expose us to a number of difficulties and costs, and in the worst case, the loss of such a gazebo .
