My design is my castle

 Modifying permit

Major alteration

the scope covered by the plan attached to a construction design, e.g. changes in the location of buildings or land development networks, both external and internal (water supply, gas supply, sewage system), location of electric and telephone lines, entries and access entrances;

-the provision of facilities for disabled persons;

-terms of construction and land development, i.e. the scope covered by the local spatial development plan or WZ decision;

 There is no obligation to obtain a modifying permit where changes are deemed minor. There are many types of alteration which are allowed without any administrative restrictions. In particular, the following changes will no longer be treated as major alterations, as the relevant provisions have been repealed from the list by the amending legislation of 28th July 2005:

-roof geometry;

(...) except, if they fall within the scope of Article 36a point 5.

Who is liable?

Sanctions

-prohibiting further construction work, orordering demolition of the building or part of it, or

-requiring the facility be restored to its original condition.

 To avoid any doubt as to whether a proposed change will be deemed a major departure or not, developers and designers tend often to apply for an official statement (Article 217 of the Code on Administrative Procedure), though it may be disputed whether the public authority concerned is legally bound to issue such a certificate. However, a developer who succeeds in obtaining such a certificate is then certainly in a better position as his actions may be considered acting in good faith.

Conclusion

 z

Bertrand Oldra, head of the Real Estate Department, GLNAnna Łukasiewicz, associate, GLN