The Building Revolution

The Building Revolution

Without a building permit
Building permits are no longer to be required from private investors who decide to build or rebuild a detached house, as long as the building’s impact area does not extend beyond the boundaries of the plot on which the investment is made. The permit will be replaced by a simple notification of construction with a construction design and a set of documents concerning the building. If the starost does not object within 30 days, the investor will be able to start construction.
Moreover, the amendment to the Construction Law abolishes the obligation to attach to the construction design a statement on the provision of energy, water, heat and gas and on the conditions of connection to water, heat, gas, sewage, telecommunication, power and electricity networks and statements of the relevant road manager on the possibility of access to the public road.
If the application for a building permit submitted by the investor is formally incomplete, the administrative body will be obliged to call upon the investor to supplement it within 14 days from the date of submission of the application.
Changes for developers
New regulations resulting from the amended Act on Consumer Rights apply to all purchase and sale agreements concluded on the primary real estate market between buyers and developers after 25 December 2014. The developer is obliged to inform the potential buyer of the apartment about the additional fees connected with the transaction, the complaint procedure or after-sales services to which the developer is entitled. For breach of these obligations, the developer may be fined up to 5,000 USD.
At the latest at the moment when the buyer declares his intention to purchase a flat, the developer will have to provide him with full information about his company and the main features of the flat, the way it is used and maintained, and the standards of communication with the client during the whole process of purchasing the flat. The seller is obliged to provide the total price of the purchased property, including the costs of additional finishing works. At the client’s request, the developer will have to explain the meaning of all the provisions included in the sale and purchase agreement or in the preliminary purchase agreement.
According to the new act, the developer must inform the client about the complaint procedure – the consumer has the right to lodge a complaint on the basis of a warranty or guarantee, within not more than 3 years from the date of their issuance. The complaint may concern the determination of any physical defects of the new apartment. On account of the warranty, customers will also have additional rights. If the developer does not rectify an irregularity reported by the customer, the customer may demand a reduction in the price. A one-sided declaration of the client, in which he expects the price to be reduced by a specific amount, is sufficient for this purpose. If the developer does not respond to the complaint within 14 days of its receipt, the complaint can be deemed to have been accepted.

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