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(Crossing fingers for) The Possibility of Transferring of the Building Permits in Parts

 

On February 29, 2024, a draft amendment to the Construction Law was published on the website of the Government Legislation Center. It introduces an important change for the institutional investors - the possibility of transferring building permits in parts. In addition, the draft announces facilitations aimed at improving the energy efficiency of buildings and protecting water resources.

 

Transfer of the building permits in parts. As long as a part of the building permit being subject of a transfer, as well as the part that remains with the original investor, refer to buildings (together with related facilities) that can function independently in compliance with their designation, the public authorities will be bound by the application for a partial transfer of a building permit (planned amendment of the Article 40 of the Construction Law). So far, there was no clear legal basis for such solution, which made investment planning very difficult. Especially for the entities that, for various reasons, had to undergo, for example, corporate reorganizations (e.g. split the company that was granted with a building permit). If the amendment becomes law, partial transfer of the building permits will be grounded in provisions of law.

Rainwater. To encourage building owners to reuse rainwater and meltwater, the construction of septic tanks with a capacity of up to 5 m3 will neither require a notification nor obtaining of a building permit. However, the construction of tanks with a capacity between 5 m3 and 15 m3 will require that a notification to the construction administrative authorities is made. This is directly related to the "My Water" ("Moja Woda") program - managed by the National Fund for Environmental Protection and Water Management (i.e. a subsidy program for households in the amount of up to PLN 6,000 for the construction of rainwater catching tanks, but the program lasts only until the end of June 2024).

 

Energy storage. The construction of electricity storage facilities with a nominal capacity of up to 20 kWh will not require a building permit or a notification to the construction authorities to be made - just as it is not required for the heat pumps and independent standing solar collectors and photovoltaic devices. Therefore, even if they are part of a photovoltaic installation, they will not require additional formalities (which has raised doubts so far) to be fulfilled.


Small wind turbines: According to the draft, the installation of devices for generating electricity from wind energy in buildings, either for their own needs or for introduction to the grid (but with a capacity not greater than the capacity of the micro-installation) will only require notification to the public authorities if the total height of the devices exceeds 3 m (and will be no larger than 12 m). The notification will not be required at all, with the total height of the turbines not exceeding 3 m. Please note that a micro-installation is, in principle, a RES installation with a total installed capacity of up to 50 kW, connected to a grid with rated voltage not exceeding 110 kV or with achievable thermal power.

 

The Draft amendment is registered under no UD22. It is undergoing opining process..




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