Will the new technical conditions for buildings be another complication of investment processes for developers (part II)?

As of August 1, 2024, the Regulation of the Minister of Development and Technology of October 27, 2023, amending the Regulation on technical conditions to be met by buildings and their location, as amended by the Regulation of the Minister of Development and Technology of March 27, 2024, enters into force. It introduces a number of changes that are significant from the point of view primarily of entities engaged in multifamily housing (developers).

In the following publications, we briefly present the most important information on the amendment. You can find the previous publication here.

The amendments to the regulation concern the requirements for the area of biologically active land, namely, on building plots intended for the construction of multi-family residential buildings, health care buildings, except for clinics, and education and upbringing buildings, at least 25% of the plot area must be arranged as biologically active land, if a different percentage does not result from the provisions of the local spatial development plan (LSDP). In addition, on plots intended for a publicly accessible square with an area of more than 1,000 sqm, at least 20% of its area must be arranged as biologically active land, if a higher percentage does not result from the provisions of the LSDP.

Fundamental changes have also affected technical requirements for playgrounds and recreation areas. A children’s playground that is also accessible to people with special needs shall be made in the case of the construction of one multi-family residential building in which the number of apartments exceeds 20, as well as in the case of the construction of a complex of multi-family residential buildings in which the number of apartments exceeds 20, with at least 30% of the area of the children’s playground to be in a biologically active area. On the other hand, a recreation site that is also accessible to people with special needs, equipped with places for recreation, shall be carried out in the case of the construction of a complex of multi-family residential buildings in which the number of apartments exceeds 20, with at least 30% of the area of the recreation site to be in a biologically active area.

As for the sunlighting of the playground, a requirement has been introduced for at least 50% of the area of the children’s playground to receive sunlight for at least 2 hours, counted on the days of the equinoxes, from 10:00 am to 4:00 pm, and in city center developments sunlighting of no less than 1 hour is allowed. Requirements have been introduced for the distance of children’s playgrounds, children’s and youth playing fields and recreation areas from street boundary lines, roads, pedestrian and roadways, windows of rooms intended for human habitation and waste collection areas, which is at least 10 m, with requirements for the distance of parking spaces from windows and plot boundaries. A number of new requirements have also been introduced for playgrounds in terms of the need for fencing and the required areas of playgrounds depending on the number of apartments in the building or complex of buildings, with the possibility of dividing a children’s playground into parts with a minimum area of 50 sqm. Requirements for children’s playground equipment and the possibility of making a playground on an attic were introduced, and exceptions to the obligation to make a playground were specified.