Up to 35 m² without a permit — what the simplification means
Since 3 January 2022, Prawo budowlane (Polish Building Law) allows the construction of recreational and residential homes of up to 35 m² of built-up area based on a notification instead of a building permit. This is a significant simplification, but it comes with specific conditions.
Key conditions for the up-to-35 m² path
- Built-up area up to 35 m² (not to be confused with usable floor area)
- Free-standing single-storey building
- Structural span up to 6 m
- Cantilever reach up to 2 m
- Distance from the plot boundary at least 4 m (from windows and doors) or 3 m (from a wall without openings)
- No more than one such building per 500 m² of plot area
Notification step by step
- Download the Construction Works Notification form from the website of the competent County Governor's office (Starosta)
- Attach the plot development plan and the technical description of the home
- Pay the fee (usually EUR 0 for recreational homes, EUR 7–22 for residential ones)
- Submit the notification to the County Governor's office or City Hall — waiting time: 21 days
- No objection = you can start construction (so-called "tacit consent")
Our 38 m² homes — why they are actually larger
Our Home 38 m² Standard has 38 m² of usable floor area, but the built-up area is about 30 m² (because the walls take their own space). In practice it fits within the up-to-35 m² built-up-area rules, even though technically the usable area is higher thanks to thin PIR walls.
Important: always confirm this with your local County Governor's office — interpretations vary. Our clients who have built with us usually report 32–34 m² of built-up area and pass without problems.
When is a permit required?
- A home above 35 m² of built-up area (the Home 74 m² requires a permit)
- A permanent residential home (registered address) — even up to 35 m² requires a local development plan or a zoning decision
- A home on a restricted-use site (landscape park, buffer zone, flood plain)
- More than one home on a plot smaller than 500 m²
Container for 150 days — a temporary structure
Alternatively: a temporary structure erected for a maximum of 150 days per calendar year does not require any notification at all. This is the path for construction containers, mobile offices, seasonal retail.
Zoning conditions — when are they needed?
If the plot has no local spatial development plan, before the notification you must obtain a zoning decision (decyzja o warunkach zabudowy). Procedure: 60 days, application at the municipal office, stamp duty about EUR 133. This is a separate step — not to be confused with the notification.
Practical checklist
- Check the MPZP for your plot (Miejscowy Plan Zagospodarowania Przestrzennego — Local Spatial Development Plan) — if it exists, go to step 3
- If there is no MPZP — submit an application for a zoning decision
- Submit a construction works notification at the County Governor's office
- Wait 21 days for no objection
- Order the modular home — 90–120 days from order to installation
- After installation — report completion of works to PINB (Powiatowy Inspektor Nadzoru Budowlanego — County Construction Supervision Inspector)
Ask before you order
Before you sign a contract with any manufacturer, make sure: (a) the home fits within 35 m² of built-up area, (b) the manufacturer provides the design needed for the notification, (c) they help with formalities. At MP Modular we give clients the structural design and technical description free of charge with every order.
Want a modular home on your plot?
Quote with delivery from Gdynia/Reda within 24 h. No obligation.
Get a quote →