Allotment gardeners must be careful. The office set a fine of PLN 10,000. zloty
There are severe penalties for illegally erecting a garden shed, up to PLN 10,000. zloty. A lawyer explains how to avoid this.
Spring is in full swing, and with it the interest in developing backyard plots is growing. One of the most common ideas of property owners is to build a garden shed. A small structure seems to be a simple solution, but in practice its construction may involve serious legal consequences. In extreme cases, the facility may be considered illegal construction, and the owner must take into account a demolition order or a legalization fee of up to PLN 10,000. zloty.
The regulations clearly define the rules
Although a garden shed seems to be a simple structure, its construction is strictly regulated.
– Pursuant to Art. 29 section 1 point 2 of the Act of July 7, 1994 – Construction Law, the construction of detached single-story farm buildings, including garden sheds, with a building area of up to 35 m², as a rule, does not require a building permit, but only a notification – explains in an interview with “WPROST” Krzysztof Granat, legal advisor, leader of the real estate practice and managing partner at the K&L Legal Granat i Wspólnicy Sp.k. in Wrocław.
Without permission, but not without restrictions
The lack of obligation to obtain a permit does not mean full investor freedom. As experts emphasize, regulations regarding the location of the facility are of key importance.
– § 12 section is of key importance. 1 of the regulation, according to which a building facing a wall with windows or doors should be at least 4 m from the plot boundary, and a wall without openings – at least 3 m – explains attorney Krzysztof Granat.
The lawyer adds that exceptions are only possible if they are allowed by the local development plan or the decision on development conditions.
What are the penalties for illegal construction?
In the event of a violation of the regulations, the owner must take into account the reaction of the construction supervision.
– In the case of facilities implemented upon request, but constructed contrary to the regulations, Art. 49f of the Construction Law. The authority may order the removal of irregularities or legalize the facility after paying the legalization fee. For small farm buildings, this fee is currently PLN 5,000 or even PLN 10,000. PLN – depending on the nature of the infringement and the category of the object – explains Mr. Granat.
As the expert adds, in practice, neighbor disputes are a frequent source of problems. Notifications from owners of neighboring plots often initiate inspections that may result in a demolition order or costly legalization.
How to avoid problems?
Before starting construction, it is worth carefully checking local regulations and plot conditions.
– Property owners planning to build a garden shed should always verify the provisions of the local development plan, plot parameters and the required distances from the property boundaries – advises Mr. Granat.
The expert also warns that a facility located too close to the border of the plot may be questioned as inconsistent with the regulations or even considered illegal construction.
– If in doubt, it is also worth seeking the opinion of a designer, which may be many times cheaper than legalizing illegality – he sums up.
FAQ – frequently asked questions about building a garden shed
Do I need a building permit for a garden shed?
Not always. Sheds up to 35 m² generally require only a notification, not a permit.
How far does the shed have to be from the property line?
Standard: 4 m from a wall with windows or doors and 3 m from a wall without openings.
Can you put the shed closer to the border?
Yes, but only in exceptional cases – if it is allowed by the local plan or decision on development conditions.
What are the penalties for an illegal garden shed?
In the event of unauthorized construction, the owner may be obliged to legalize the facility or demolish it. Additionally, the legalization fee may amount to up to PLN 10,000. zloty.
