Real Estate and Construction Safety and legality – key aspects of changing the use of a building
Change of use procedure – what does it require?
Changing the use of a building structure, in accordance with Article 71(1) of the Construction Law, covers actions that affect safety conditions, hygiene and sanitary standards, as well as environmental protection or the structure of the building. In order to carry out such a change, it is necessary to notify the architectural and construction administration authority of the intended new use, along with the required documents, such as a site plan and certificates confirming compliance with the local spatial development plan.
When is a building permit required for a change in use?
The Construction Law requires obtaining a building permit in cases where the change in use involves construction works that are subject to such a permit. If the required works only require a notification, the change of use procedures are carried out in accordance with Article 30 of the Act.
When can the new use begin?
After submitting the notification to the competent authority, and if no objection is raised within 30 days, it is possible to begin using the building according to its new purpose. This is also possible upon receiving a certificate confirming the absence of grounds for objection by the authority, which significantly speeds up the process.
Consequences of unauthorized change of use
Changing the use of a building without fulfilling the required procedures is considered an unauthorized construction activity. In response, the construction supervision authority initiates a legalization procedure. The first step in this process is the issuance of a decision to suspend the use of the building or part thereof. The investor is then obliged to submit the necessary legalization documents within a specified period, such as a certificate of compliance with the local spatial development plan or technical expert opinions.
If the formal requirements are met, the authority may impose a legalization fee, calculated based on a tenfold increased rate. Failure to comply with these obligations, continued use despite the authority’s decision, or further changes in use without notification will result in an order to restore the building to its previous use.
Such actions may also lead to financial penalties and obligations to restore the correct technical and legal condition of the structure, generating additional costs and unnecessary stress for the owner. In such situations, prompt compliance with legal obligations is essential, and legal assistance may become not only beneficial but indispensable.
Conclusion
Effective management of the change of use process requires thorough knowledge of regulations and their practical application. The support of experienced lawyers from von Zanthier & Dachowski Law Firm can help avoid legal pitfalls and protect investors’ interests through the efficient implementation of construction projects. With appropriate legal advice, space development can be carried out safely and in full compliance with the law.
