Lack of consent of the real estate owner to enter the site will not prevent the implementation of the road project

A common problem for investors and contractors implementing road investments is the lack of consent from real estate owners to enter the site and carry out preparatory work on their properties.

According to Article 21a of the Act of April 10, 2003 on special rules for the preparation and implementation of investments in the field of public roads, when a road investment requires entering the territory of someone else’s property covered by a decision on environmental conditions, in order to perform preparatory work consisting in: performing geological work or determining geotechnical conditions for the foundation of an object or performing other activities necessary for the preparation of technical documentation directly related to the road investment, the competent road manager shall apply to the owner or perpetual usufructuary of the real estate for permission to enter the real estate or a part thereof, and shall agree with the owner or perpetual usufructuary of the real estate on the anticipated manner, scope and timing of use of the real estate.

If the consent of the owner or perpetual usufructuary of the property is not obtained, within 30 days from the date of receipt of the request for such consent, the competent road manager shall apply to the provincial governor with respect to national and provincial roads, or to the staroste performing tasks assigned by the government administration with respect to county and municipal roads, for a decision on permission to enter the property or a part thereof.

The application for such a decision shall include:

• general characteristics of the planned road project;
• identification of the boundaries of the area covered by the application;
• identification of the real estate or part thereof, to which the entry is necessary in order to perform preparatory works, together with an indication of the scope of such works, as well as the proposed manner, scope and timing of use of the real estate or part thereof;
• a copy of the decision on environmental conditions;
• a statement of the competent road manager on the lack of consent to carry out preparatory work.

The competent authority shall issue a decision within 30 days from the date of submission of the application. The decision determines the manner, scope and timing of use of the property.