Property department

Illegal construction – legalization

Execution of any building works – construction, conversion, renovation or demolition requires a building permit. In the event of lack thereof, the actions undertaken are deemed illegal construction.

This term, however, is not explicitly defined by the Polish law and therefore it is generally assumed that every violation of the provisions of the Building Law Act of 07.07.1994 shall be deemed illegal construction. Consequently, it is not only the case of executing building works without a proper permit, but also e.g. modifying the construction design once the execution of works has been commenced, not appointing a construction manager or not keeping a construction log.

Notwithstanding the foregoing, there is an opportunity to legalize an illegal construction – provided that two statutory conditions have been met. Firstly, the construction must remain compliant with provisions on spatial planning and land development. Secondly, it must remain complaint with provisions on technical requirements of constructions.

The inspector who examines whether the above conditions have been met may issue a decision on suspending the building works. This practically means initiating the procedure of legalizing the illegal construction. The next step is submitting to the relevant authority the necessary documentation. These are, among other things, certification issued by the commune head or the mayor confirming meeting the conditions provided for in the local area development plan, construction design in 4 copies and a declaration of the right to dispose the property for construction purposes.

CGO Legal law firm offers services of comprehensive assistance in the procedure of legalization of illegal construction. Our services include examining the factual and legal background, gathering the necessary documentation and tracking the entire procedure.