Tax & Legal Highlights for Real Estate – May 2020
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1. New definition of the impact area of the project
The amendment to the Construction Law dated 13 February 2020 includes, among other things, a change in the definition of the “impact area of the object” which until now was understood as the area designated in the vicinity of a building object on the basis of separate regulations, introducing restrictions in development, including buildings, of this area. Currently, this area is defined as an area designated in the vicinity of a construction object on the basis of separate regulations introducing restrictions in the development of this area related to this object. It is a cosmetic change, but from the practical point of view this amendment limits the circle of parties to the construction proceedings, in particular the participation of neighbors. Based on provisions prior to change the authority had to determine whether the investment would not obstruct the use of the neighboring property in order to consider the neighbor as a party to the construction proceedings.
2. Possibility to enter into the property without of the owner’s consent
Under the act on special support instruments related to spread of the Sars-CoV-2 virus of 16 April 2020 owners of critical infrastructure, i.e. installations used for the electricity, water, heat, fuel and gas supply or installations for sewage disposals, have been entitled to enter with a police officer into the property on which the critical infrastructure is located in order to perform all crucial activities to ensure continuity of services, including construction works. Please note that owners of critical infrastructure might break the existing securities which hinder the access to the property where the critical infrastructure is situated. The abovementioned right might be performed exclusively in the course of the state of epidemic danger, the epidemic or the state of emergency.
3. New regulations on portable free-standing antenna tower
The Act on special support instruments related to the spread of the SARS-CoV-2 virus of 16 April 2020, amending, among others, the Construction Law, introduced changes in functioning of telecommunications companies during the state of epidemic or natural disaster.
Firstly, a definition of a portable free-standing antenna tower has been introduced and covers any metal or composite structure, alone or in combination with a trailer, grate, technical container, or telecommunication cabinets, founded on the ground, together with lashings, ballasts and other elements of the structure, radio communication installation and power supply infrastructure, intended for multiple assembly and disassembly without losing technical value.
The legislator decided also that the construction and reconstruction of portable free-standing antenna towers, in the case where the investor is a telecommunications operator or an entity specified in Article 4 of the Telecommunications Law, i.e., inter alia organizational units of the Internal Security Agency, the Intelligence Agency and the Central Anti-Corruption Bureau, have been exempted from the obligation to obtain a building permit also in the case when the investment requires impact assessment on the environment or on Natura 2000 area.
Additionally, until now performance of those works a building object or in an area entered in the register of monuments required a building permit or a notification to the authority, preceded with the permit of the voivodship conservator of monuments. Under the latest amendments of the Construction Law those requirements have been lifted. Currently the above-mentioned construction works may be commenced within 3 working days following the date of delivery of the notification to the authority, which may object to the notification within 14 days from the date of its delivery only if the execution of construction works or the object covered by the notification may cause a threat to the safety of people or property.
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