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Posted by      mar 20, 2021     all
Can a neighbor stop your construction?

Can a neighbor stop your construction?

When the plans for your home, recreational or utility building are ready and you intend to proceed with the construction work in the field, you may find that the owner of the adjacent plot will be against making any changes in your immediate surroundings. What to do in such a situation and what laws apply then? We suggest.

Can a neighbor block construction? Legal basis

The construction of a house or other buildings adjacent to it should not create a neighbourly conflict if you apply in your projects the rules and distances laid down in construction law (local zoning plans and the Regulation of the Minister of Infrastructure of 12 April 2002 on the technical conditions to be met by buildings and their location).

Polish law makes it clear that when there are window or door openings on the side of an apartment building facing parallel to the neighbour's plot, it should be at least 4 metres from the border. If the adjacent side does not have windows or doors, you must keep a distance of 3 meters between the wall and the line demarcation of the land. Detailed guidelines on the location of the house or other types of buildings in the area can be found in the local plan, available in the old town or municipality.

Permission to build a house and consent of neighbors

If the municipality has not yet drawn up a local plan, the office is obliged to provide you with the conditions of development, and as a party to the proceedings may also occur your neighbor, whose land is located in the so-called area of influence of the object. What is such an area? According to Polish construction law, this is an area designatedin the vicinity of a work on the basis of separate regulations, introducing restrictions on the construction of the site related to thatwork.

A neighbour, as one of the parties to the construction permit procedure, may have different reservations. However, if your building meets all the standards and has the appropriate distances to the adjacent plot, and yet the owner blocks your investment, refer the matter to the Local Government Appeals Board.

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How do I stop building a neighbor?

During each construction, there is a certain risk that the neighbor will consider that your investment undermines its interests or in any other way violates the local environment, negatively affecting the state of groundwater, air, land, fauna and flora. Another common reason for blocking the construction is the distance of the new building from the border with the neighbor's plot – he may find that it is too close to his land, which worsens the quality of his life or reduces the value of his land.

In order to effectively halt the progress of construction, the neighbour must first prepare an appropriate application for construction supervision or challenge the building permit granted by the old man. The owner of a neighbouring plot may also refuse entry to his land in order to carry out the necessary water, gas or sewerage connections – the case must then be referred to the Board of Appeal.

What should I do if a neighbor objects to your construction plans?

A neighbour, as a party to the construction permit procedure, has 14 days to make any comments to the old man. Once there has been a neighbourly conflict and there is no chance that the owner of the adjacent property will agree to your construction, the case must be referred to court immediately.

In the case of investments on the border of plots, when it is necessary to enter the territory of a neighbor, and he is opposed to it, ask the local administration, the old man or the president, who has the authority to give permission to undertake construction work. You will receive such a written decision within 14 days of your request. If the old man does not object, the construction works can be carried out within a certain period of time, and after carrying out the work you need to take care of the order of the temporarily occupied area.