Publication date: 21.08.2024
Obtaining a building permit in Poland for Ukrainian investors
Investing in real estate in Poland is becoming increasingly attractive for Ukrainian entrepreneurs. However, the process of obtaining a building permit can be complicated for foreign investors. In this article, we will look at the main stages of obtaining a building permit in Poland and how a legal analysis service can help in this process.
Preparatory stage: collection of necessary documents
Before applying for a building permit, you need to collect a package of documents. This is one of the most important stages, where the service of document review by a lawyer can greatly facilitate the process.
Basic documents for obtaining a permit:
- Extract from the real estate cadastre
- Plan of the land plot
- Architectural project
- Technical conditions for connection to communications
- Environmental impact assessment (if necessary)
The service of legal analysis of the documents will help to make sure that all papers are executed correctly and meet the requirements of Polish law.
Obtaining urban planning conditions
Before applying for a building permit, you need to obtain urban planning conditions. This document defines what can be built on a particular plot of land.
- Determination of the functional purpose of the plot
- Maximum building height
- Building coverage ratio of the plot
- Requirements to the architectural style
- Environmental restrictions
The legal analysis service will help you to understand the received urban planning conditions and assess their impact on your project.
Question
Is it necessary to obtain urban planning conditions for all types of construction?
Answer
Not all types of construction require urban planning conditions. In Poland, there are cases when construction may be carried out on the basis of a local spatial development plan, if such a plan exists for the area. In this case, no planning conditions are required, as all the necessary parameters are already defined in the plan. However, if there is no local plan or it does not cover all the necessary aspects, obtaining urban planning conditions is mandatory. The service of lawyer's consultation will help you determine whether urban planning conditions are required in your particular case and how to obtain them.
Development of project documentation
The next step is to develop project documentation. This is a key stage where the service of a legal opinion of a lawyer can be especially useful.
Components of project documentation:
- Architectural design
- Constructive solutions
- Project of engineering networks
- Territory improvement plan
- Explanatory note
The service of legal analysis of the documents will help to make sure that the project documentation meets all the requirements of Polish law and urban planning regulations.
Submitting an application for a permit
After preparing all the necessary documents, the next step is to apply for a building permit. This process can be complicated for foreign investors, so a lawyer in Poland can greatly facilitate this process.
Filling in the official application form
Submission of the full package of documents
Payment of the administrative fee
Receiving confirmation of application acceptance
Tracking the status of the application
The service of a lawyer's consultation will help you fill out all the documents correctly and avoid common mistakes that can lead to delays in the application process.
Application review and possible additional requirements
The application process can take up to 65 days. During this time, the authorities may request additional information or documents.
- Clarification of project details
- Providing additional technical calculations
- Adjustment of the project in accordance with the comments
- Conducting additional examinations
- Obtaining additional approvals
Legal analysis of a situation will help you to respond quickly to requests from the authorities and effectively solve any problems that arise.
Question
What should I do if I am denied a building permit?
Answer
If you are denied a building permit, do not panic. In such a situation, you have the right to appeal this decision. The first step is to carefully analyze the reasons for the refusal. Often, the refusal is due to technical deficiencies in the documentation or non-compliance of the project with certain standards. In this case, you can correct these shortcomings and resubmit your application. If you believe that the refusal is unreasonable, you can appeal to a higher administrative authority. The Legal Opinion service will help you assess the chances of a successful appeal and prepare the necessary documents for the appeal.
Obtaining a permit and further steps
After obtaining a construction permit, it is important to know the next steps and obligations of the investor.
The following steps after obtaining the permit:
- Registration of the start of construction works
- Obtaining a construction log
- Providing construction supervision
- Compliance with the terms of the permit during construction
- Obtaining a permit to put the facility into operation
The online lawyer service can provide advice on each of these stages, helping to avoid possible problems and delays.
Special considerations for foreign investors
Ukrainian investors should take into account some additional aspects when obtaining a building permit in Poland.
- The need to obtain a permit for the purchase of real estate
- Peculiarities of taxation of foreign investors
- Possible restrictions on construction in border areas
- Requirements to register a company in Poland
- Peculiarities of employment of foreign workers in construction
The service of a legal opinion will help you to understand all the nuances of Polish legislation regarding foreign investors.
Obtaining a building permit in Poland is a complex process that requires a deep understanding of local legislation and procedures. For Ukrainian investors, this process can be particularly difficult due to the language barrier and differences in legislation. Neglecting to properly prepare documents or misunderstanding the requirements can lead to significant delays, additional costs, or even denial of the permit. This can jeopardize the entire investment project. Therefore, it is crucial to seek professional legal consultation. Legal Marketplace CONSULTANT offers a wide range of services, from document analysis to representation of the investor's interests before the Polish authorities. Do not risk your investment - seek qualified legal consultation and ensure the successful implementation of your construction project in Poland!
