If the distance between the house and the plot is too small, the building may be demolished

Experts of RynekPierwotny.pl alert that you have to pay the distance of the house from the plot boundary. Breaking the applicable regulations may result in serious consequences.

A few years ago, one of the most popular Polish newspapers reported on the problems of siblings who, after 16 years, found out that the house they built was too close to the border of the plot. Officials first suggested bricking up the eye or replacing them with glass blocks, then ordered the demolition of the house. Fortunately, such dramatic situations occur very rarely. Nevertheless, it is necessary to pay special attention to the regulations specifying the location of the house on the plot. Winternet guides quite often mention only two limits for the distance of the house from the ground border (4-3 meters). Experts of the RynekPierwotny.pl portal explain that the regulations regarding the location of houses on the plot are more complicated.

Sometimes a house can be built closer than 3-4 meters from the border

When it comes to the rules determining the location of a house on a plot, one should refer to the Regulation of the Minister of Infrastructure of 12 April 2002 on technical conditions, which should correspond to the buildings and their location (Journal of Laws of 2002, No. 75, item 690). The said legal act lists two basic principles:

It is also worth remembering that according to the regulation of April 12, 2002, the smallest permissible distance of a roof window from the border of a building plot is 4 meters. Another important limit is the distance from the border to the adjacent land is min. 1.5 meters and applies to the following parts of a single-family building: roof over the entrance, external stairs, balcony, eaves, cornice, gallery, terrace, ramp and ramp (except ramps for the disabled).

The ministerial regulation provides for the possibility of applying less restrictive rules in certain circumstances. If the width of the ground does not exceed 16 meters, then in single-family and farm buildings, the wall without doors and windows may be located at a distance of 1.5 meters from the border. Reducing the limit of the distance of walls without doors and windows to 1.5 meters from the plot border is also possible when the local spatial development plan provides for such a solution. It is worth remembering that the above-mentioned plan, in addition to rules favorable to the owner of the house, may also contain additional restrictions related to the location of the single-family house on the plot.

A completely separate issue is the location of the house in relation to the road plot. It is worth remembering that the previously mentioned distance limits do not apply to such a plot. Another important aspect is related to the addition of a semi-detached house. Such a house can be placed within the plot border, provided that it touches the existing neighboring building with its entire side wall, and has a height in accordance with the decision on the conditions of development and land development or the local plan.

A surveyor's mistake can cause problems with the location of a house

The Internet is full of questions from angry homeowners who found out that their building was built too close to the boundary of the plot. As the experts of the RynekPierwotny.pl portal explain, such a situation is, for example, the result of an error of an official, surveyor or construction team. The owner of the house, who incurred costs related to the poor location of the building, may demand compensation from the person or institution responsible for the trouble in a civil court. For most homeowners, however, the priority will be to resolve the legal issue with the location of the building.

If construction is not yet complete, the distance between the house and the plot boundary may be too close and the building permit may be revoked and the building permit may have to be applied for to resume work (subject to submission of a revised design). This situation is of course very troublesome. However, it is worth realizing that even greater problems result from revealing the wrong location of the building after its construction is completed (during the as-built geodetic inventory). In this case, the owner of a newly completed house will have problems with obtaining an occupancy permit.

Older buildings are also subject to boundary distance limits

Owners of older buildings may also have a problem with too short a distance from the plot boundary. This is confirmed by the judgment of the Provincial Administrative Court in Warsaw of March 20, 2009 (VII SA/Wa 1933/08). The capital court decided that the provisions of the regulation of the Minister of Infrastructure of 12 April 2002 on fire safety should also apply to older buildings that already existed on 16 December 2002. Therefore, in the event of a lost dispute with a neighbor, the windows must be bricked up or a fire separation wall must be built (possibly with glass blocks, glass bricks or other glazing up to 10% of the surface).

Andrzej Prajsnar