The act about facilitation of preparation and implementation of residential investments and accompanying investments.

On August 22, 2018, the act about facilitation of preparation and implementation of residential investments and accompanying investments (OJ of 2018. pos. 1496) – called the “residential special law”, entered into force, adopted on July 5, 2018.

The Act, as indicated in its justification, is to constitute a step towards limiting administrative and legal barriers in the area of housing construction for social groups with moderate incomes. The act is to be a tool enabling the reduction of the housing deficit and bringing about a situation in which the basic parameters determining the level of housing needs satisfaction will not stand out from the average values of developed European Union countries.

The Act sets out the rules and procedures for the preparation and implementation of housing investments and accompanying investments as well as the standards for their location and implementation. The main goal of the new regulations is to simplify and accelerate the investment process in the construction of housing estates (support, i. a. the Accommodation + program). Residential special law  is to facilitate the construction of new buildings on agricultural, post-military, post-railway and post-industrial land within the city borders.

Residential special law introduces a normative definition of a residential investment, according to which a residential investment will be considered a project involving construction, change of use or reconstruction, as a result of which a multi-family residential building or buildings with a total number of residential premises not smaller than 25 or not less than 10 single-family residential buildings will be built, together with construction equipment associated with them, internal roads, as well as construction works necessary for the service and proper performance of these works; the residential investment is also part of the buildings intended for commercial or service activities.

Pursuant to the provisions of the Act, preparation for the implementation of a residential investment includes primarily the preparation of an urban and an architectural concept. The investor applies, through the intermediary of the commune head (mayor, president of the city), with a request to determine the location of the investment to the competent local council of the commune. The commune council adopts a resolution on establishing the location or refusal to determine the location of the investment within 60 days from the date of submitting the application by the investor. When adopting a resolution, the state of meeting the housing needs in the commune will be taken into consideration. No later than 3 days after receiving the investor’s request to locate the investment, commune head (mayor, president of the city) will submit the application together with the documents attached to it on the Commune Public Information Bulletin or on the municipal website. Comments on the application will be submitted in paper or electronic version within 21 days from the date of submitting the application in the manner described above.

A residential investment will be located in an area that:

  • has direct access to a public road, including through descent or indirect access via an internal road, the minimum road width cannot be less than 6 m;
  •  has access to water supply, sewage and electricity networks;
  • is no more than 1000 m away from a public transport stop, and in cities where the number of residents exceeds 100,000 inhabitants – 500 m;
  • is no more than 3000 m away from a primary school and a kindergarten, and in cities where the number of inhabitants exceeds 100,000 inhabitants – 1500 m;
  • is located on the premises providing access to furnished leisure and recreation areas or sports – access is provided by locating buildings no more than 3000 m away, and in cities where the number of residents exceeds 100,000 inhabitants – 1500m.

The Act also regulates the issue of the height of designed buildings, which outside cities and in cities where the number of residents does not exceed 100,000 inhabitants – cannot be higher than 4 above-ground storeys, whereas in cities where the number of residents exceeds 100,000 inhabitants – cannot be higher than 14 above-ground storeys, unless higher buildings are located within 500 m distance – then they will determine the maximum height of the designed buildings.

The Act is to apply for a period of 10 years – until December 31, 2028.