Does a Holiday Cabin Require a Zoning Decision?

From 2015, the Building Law exempts from the obligation to obtain a building permit for recreational buildings for individual use, which are single-story, detached properties up to 70m². This is equivalent to not needing a decision on the building conditions. The intention to build a holiday cabin should be reported to the municipal office in advance. The architectural and construction authority may, however, raise an objection within 21 days.

When will a decision on the conditions of development be required?

Information about erecting a structure on a plot is contained in the Local Spatial Development Plan (MPZP). What if there is no local plan? These situations occur very often, because in Poland only about 30% of land is covered by the Local Spatial Development Plan. According to the Planning and Spatial Development Act if the individual recreational building is larger than 70m², before building a place of temporary recreation one must obtain a building permit, and thus a decision on the building conditions.

Building conditions – holiday cabin in the light of the law

According to the land development law, in order for the mere notification of construction of an individual recreational building to be enough, holiday cabins must not exceed 70m2 of built-up area. This size does not require building conditions or a decision on a building permit. It is also necessary to ensure that the number of buildings on the plot does not exceed one cabin per 500 m² of area.

Holiday cabin and building conditions – applying for a change of the decision

In accordance with current law, the decision on building conditions can be changed regardless of how much time has passed since it was issued. The application for changing the building conditions should be submitted to the municipality office, i.e., the body that issued the original decision. The application must include the applicant’s data, the representative, and the investment.

The Administrative Procedure Code, however, notes that the documents presented to administrative bodies must present concrete arguments.

Holiday cabin – building conditions without the need for a change?

Building conditions do not need to be changed in one case – when the plot is de-zoned, and a Local Spatial Development Plan is established. After all procedures are completed and the decision is established, the body that issued the earlier building conditions must declare their expiration.

Of course, building a holiday cabin on an agricultural plot is possible after meeting all previous conditions, including the specific boundary of the nearest building plot (50m²).