What is the slope of the roof 1.5 m from the plot border?
In the above case, it is important that while the rule is that on plots located within the boundaries of another building plot, it is possible to locate objects at the distances specified in § 12 section 1 of the Regulation on the technical conditions to be met by buildings and their location, however, the commune may allow the location of the building at a shorter distance, by way of a local plan or a decision on building conditions.
In this situation, the builder should strictly adhere to the guidelines indicated by the technical and construction authority of the commune. If the authority gives guidelines for what to build within 1.5 m from the plot border, these guidelines should not be exceeded. Thus, the eaves should be located at a distance of 1.5 m from the plot boundary. If the authority recommends the construction of a fire wall, it is also worth considering such an investment. It is always worth asking the authority if some issues are unclear in this matter.
According to the decision of the Supreme Administrative Court in Warsaw of January 16, 2015, II OSK 227/14, the decision on development conditions, which is an act of applying the law, determines only the type (purpose, development area, height, etc.) of a building that may be built on a given built in accordance with the applicable provisions of the planning law. As a consequence, decisions on development conditions do not constitute a legal order and are not constitutive, constituting only detailed official information on what facility and under what conditions an investor may build in a given area without offending the law.
The decision on development conditions, which allows for the possibility of placing a building at a distance of less than 3 m from the border or directly at the border with a neighboring property, binds the architectural and construction authority only to the extent that the implementation of the investment will not lead to a violation of the spatial order of the area, on which it is to be implemented. It is not the case that the norm of the above-mentioned decision will lead to issuing a positive decision on the building permit each time.
In the light of the above, architectural and construction authorities are bound, pursuant to art. 35 sec. 1 point 1 of the Construction Law, the final decision on the development conditions, which determines whether the proposed location on the border with the neighboring plot or at a distance of less than 3 m is consistent with the development in the analyzed area.
According to par. 15 section 5 of the Ordinance of the Minister of Infrastructure on the technical conditions to be met by buildings and their location, the distance from the border with the adjacent building plot may not be less than:
- 1.5 m to the eaves, cornice, balcony or roof over the entrance, as well as to such parts of the building as the gallery, terrace, external stairs, ramp or ramp;
- 4 m to the facing towards this border of the window opening located in the roof or roof slope.
It is also worth noting that according to the Decision of the Voivodship Administrative Court in Łódź II SA/Łd 952/14, construction at the border of real estate or in proximity to the border, may be considered legal only exceptionally, when there are special reasons for doing so. The case of the party who proves that the construction at the border with the neighboring real estate, or in close proximity to this border, does not violate the principles of social coexistence and does not interfere with the use of the neighboring real estate beyond the average measure, resulting from the socio-economic purpose of the real estate, can be positively resolved. also depending on the specific case, results from the principle of equality before the law set out in Art. 32 sec. 1 of the Constitution of the Republic of Poland.
Legal basis:
The Construction Law Act (Journal of Laws of 2013, item 1409, as amended)
Regulation of the Minister of Infrastructure on the technical conditions to be met by buildings and their location (Journal of Laws 2015. 1422).
Przemyslaw Gogojewicz
Legal Services Firm & Law
www.gogojewicz.pl
