A basement like an apartment? This judgment may stop many investments
The Supreme Administrative Court confirmed: a basement cannot be legalized as an apartment if it does not meet the technical conditions.
The Supreme Administrative Court confirmed that a basement cannot be considered an independent residential premises if it does not meet the applicable technical conditions. The matter is important for owners of old tenement houses and people who are trying to transform basements or utility rooms into apartments.
Basement apartment. The court identified the basic problem
The dispute described by Prawa.pl concerned the owner of a pre-war tenement house in Krakow. He wanted to obtain a certificate confirming the independence of the premises located on the ground floor of the building. Previously, it was possible to separate premises on the upper floors, but in the case of the basement, the officials refused.
Their position was upheld by the Local Government Appeals Court, the Provincial Administrative Court, and ultimately also the Supreme Administrative Court. The regulations regarding rooms intended for permanent stay of people turned out to be crucial. The floor of such premises must be at least at ground level or higher. A basement located below the ground does not meet this condition.
The old building was not enough
The owner argued that the tenement house dates from 1934, so more lenient requirements should apply. However, the court found that what was important was not the age of the entire building, but the date of construction of a specific residential premises.
The Supreme Administrative Court pointed out that the regulations easing the requirements for older premises apply to apartments that have existed for years, and not to rooms that are just being created in the basement. It was also important that in 2020 the owner obtained permission to rebuild the building, but the approved project did not provide for ground floor apartments.
Former use does not legalize the premises
The investor also presented an old record book from 1951, which showed that four people lived in the basement. This argument also did not convince the court. The Supreme Administrative Court found that the actual use of the room in the past did not mean that the premises were a legal residence.
The court emphasized that improper use could not be legalized just because it lasted for a long time. A certificate of independence of the premises may be issued only if the facts are obvious and undisputed. There were too many compliance concerns in this case.
Floor level may block legalization
The Supreme Administrative Court’s judgment shows that the mere desire to furnish a basement apartment is not enough. A premises intended for permanent stay of people must meet current safety and health standards. If it is below ground level, officials may refuse to issue a certificate of independence.
This is an important signal for property owners: adapting the basement into an apartment may not be possible, even if the building is old and the room was once actually used for living.
FAQ – Basement apartment
Can the basement be an independent living space?
The Supreme Administrative Court found that it was not possible if it was located below ground level and did not meet the technical conditions.
Why is floor level so important?
Rooms intended for permanent stay of people must have floors at ground level or higher.
Does an old building provide an exception to the regulations?
Not in every case. What matters is the date of construction of a specific premises, not only the age of the building.
Does former basement living help with legalization?
Who refused the owner of the certificate?
First, the president of Krakow, and then the decision was upheld by the SKO, the Provincial Administrative Court and the Supreme Administrative Court.
