The postponement of the entry into force for the regulations defining the conditions buildings must meet and their location was confirmed by Krzysztof Kukucki, the Deputy Minister of Development and Technology. The regulation, initially meant to counteract what is described as a development policy phenomenon, was slated to apply from April 1. In reaction, Waldemar Buda, a PiS MP and former Minister of Development and Technology, stated on the X platform that the situation was real and that developers had prevailed.
Deputy Minister Krzysztof Hetman supported the calls from local authorities and decided that the regulation would not take effect on April 1, 2024. He announced this in the Sejm, answering questions from members of parliament.
At the moment, the ministry is examining the best possible dates to implement these improvements while ensuring that local government officials are convinced that the timing is appropriate.
The deputy minister noted that the decision would likely be finalized within a matter of months at most.
Buda: “The land of banks and developers!”
The ministry’s move to delay the entry into force of the regulations designed to counteract what is described as pathodevelopment drew a sharp response from Waldemar Buda on the X platform. He recalled that these rules were prepared during his tenure at the ministry.
This is happening. Developers have won. The regulation issued last year with a six-month vacatio legis aiming to end issues such as pat-down development, micro-studio apartments, prospectus fraud, parking space requirements, playgrounds, and building spacing has been suspended. He described the situation as the land of banks and developers.
“Scandal is an understatement. Shame”
Jan Śpiewak, a city activist, joined the discourse with a candid critique of the process. He pointed out that a lobbying effort by developers led to a postponement of the package against pathodevelopment and voiced curiosity about whether it would ever come into effect. He described the situation as a scandal and a betrayal in strong terms.
Regulation of the Ministry of Energy and Technology
The Regulation of the Minister of Development and Technology dated 27 October 2023, which amended the regulation on the technical conditions that buildings must meet and their location, introduces several changes. These include extending the distance from a four-story multi-family building to the plot boundary to five meters. Previously, the minimum distance was three meters for walls without windows or doors and four meters for walls with windows or doors.
Under the ordinance, commercial spaces in newly designed buildings must have a usable area of at least 25 square meters. Smaller units may be allowed if located on the first or second upper floors, with direct outside access from the ground level. The regulation also sets requirements for partitions between balconies. In a multi-family building, if more than one balcony sits on a shared slab, a separating wall with a height of at least 2.2 meters must be installed, with a width corresponding to at least the balcony width. If the balcony is at least 2 meters wide, the partition must be at least 2 meters. The partition should be sufficiently transparent, with visibility ranging from 30 to 50 percent to avoid a feeling of isolation between neighbors.
For multi-family housing, the proposed rules also require a utility room with a minimum area of 15 square meters for purposes such as bicycle storage.
tkwl/PAP/X