Construction at the border of the plot and the consent of the neighbor – model letter and important regulations

When you plan to build a house, garage or out-of-town building directly at the border with a neighbor's plot, you need to know that Polish law strictly regulates the minimum distances of such objects from the lines bordering the land. What can be done to avoid unpleasant consequences, including neighbourly litigation or financial penalties for construction self-will? We suggest.

Permission of a neighbor to build – a pattern, which is worth remembering

Detailed guidelines on the distance between buildings and parcel boundaries are provided in the Regulation of the Minister of Infrastructure of 12 April 2002 on the technical conditions to be met by buildings and their location. As is clear from the legislation, if there are window or door openings on the side of the building, with rooms intended for human residence facing the neighbour's plot, then it should be at least 4 metres from the border line. If the side adjacent to the boundary of the plot has no windows or doors, the minimum distance is 3 meters.

This is slightly different for outbuildings, which can be placed at the border or up to 1.5 metres from the border if they do not exceed 3 metres in height and 6.5 metres in length. Exceptions to the above rules are governed by the provisions of local zoning plans, where construction on or within 1.5 metres of the border line is permitted, provided that there are no windows or doors on the wall opposite the neighbourhood. When your neighbor's plot is a road plot, it is also not required to keep statutory distances, but also in this case be careful and familiarize yourself with the local plan.

Neighbour's consent to the construction and the affected area of the facility

When the building you intend to build on your plot complies with the local plan and has the appropriate distances maintained, as set out in the Regulation of 12 April 2002, you usually do not have to formally request the consent of the owner of the adjacent plot. However, when designing a building, you may find that the affected area of the planned object will go beyond the area of your plot – then you need planning permission and the consent of the neighbor, the landowner.

What is an object's impact area? According to Polish construction law, as amended on 18 September 2020, it is an area designated in the vicinity of a work on the basis of separate provisions introducing restrictions on the development of the site related to that work. In practice, therefore, you may find that if your construction plans interfere with the interests of your neighbor or the object you intend to put up will in any way have a negative impact on the environment (unpleasant smell, smoke or noise), it will be necessary to obtain the written consent of the owner of the plot bordering you.

Model letter containing the building permit of a neighbour

What information and data should be included in the letter accompanying the application for building permits? Two key elements are here: a statement by a neighbor about familiarising himself with the plans of your construction and the absence of objections to the documents presented to him. The consent of the owner of the nearby plot must also include his current contact details, the date and place of drawing up the letter together with a legible signature of the person holding the legal title to the land.

Let your neighbor carefully analyze the information they've received from you, then set a meeting date with them and print out a handwriting pattern that's ready to be filled in. Also, make sure that you have a minimum of 3 copies of the document, one of which will be for you, the other for the neighbor, and the third will be attached to the project. Carefully archive your written statement so that you can reach for it in a contentious situation.

What to do when the neighbor does not allow the construction of a plot of land at the border?

Already at the stage of construction planning, you need to know that the owner of a neighboring plot always has the right to refuse permission to carry out your investment, if he considers that it is contrary to his interests. Consequently, it may not be possible to carry out some of the necessary construction work on its land without the support of local authorities. In a contentious situation, you can make an official request to the local court, who has 2 weeks to respond to your letter. However, this is not the end of the formalities – even if a positive decision is received, the neighbour still has the right to challenge it and take the case to court.

If you receive a positive decision of the old age and the owner of the neighbouring land does not lodge an official objection, then you can carry out all necessary work on its territory. However, remember to take appropriate measures at the end of the project to bring the adjacent plot to its pre-construction state, i.e. collect the accumulated rubbish, remove the debris and level the area if necessary.