During this process, the question arises as to whether the construction of such a shed entails any administrative obligations. Firstly, it should be noted that placing a tool shed on a plot of land does not require a permit from the relevant administrative authority. However, the construction of such a shed may involve an obligation to notify the authorities pursuant to Article 29(1) of the Building Act.
Pursuant to Article 29(1)(14) of the Building Law, notification is required for the construction of detached single-storey outbuildings with a floor area of up to 35 m², provided that the total number of such structures on the plot does not exceed two per 500 m² of plot area.
When searching for answers on popular online forums, one may encounter conflicting responses as to whether such a notification is actually required for the construction of a tool shed. These conflicting responses stem from the lack of clear provisions formulated by the legislator.
According to building regulations, a building is a structure that is permanently attached to the ground, separated from the surrounding space by structural partitions, and has foundations and a roof. In the case of tool sheds, it must be considered whether they constitute a building within the meaning of building regulations. The term ‘permanent connection to the ground’ must be analysed here, and thus the issue of foundations. Tool sheds generally do not have them. They are most often erected on concrete slabs or bricks. However, in case law, the criterion of a permanent connection to the ground is not synonymous with the existence of foundations.
One judgment indicated that whether a building is permanently fixed to the ground depends on its size, technical characteristics and whether it has been installed sufficiently permanently to ensure its stability and ability to withstand external factors (cf. judgment of the Supreme Administrative Court, ref. III FSK 4128/21, judgment of the Provincial Administrative Court in Gliwice, ref. II SA/GI 1011/23). The Supreme Administrative Court also indicated in one of its judgments that the fact that a building has been erected on concrete blocks (or bricks) does not in itself prove the absence of a permanent connection to the ground. The foundation is not considered the sole determinant of the permanence of the connection to the ground, as there are other solutions allowing for a similar (and equally permanent) connection to the ground. Here, the Court reiterates that it is essential for such a building to withstand the natural forces of nature (cf. the judgment of the Supreme Administrative Court of 17 January 2020, ref. II OSK 526/18).
Referring to the above positions of the courts, it can be noted that if a tool shed is permanently fixed to the ground, and therefore is not at risk of losing stability due to weather conditions and other external factors, it constitutes a building within the meaning of building regulations, and thus its erection may require a notification to be made. As the regulations regarding the construction of tool sheds are not entirely clear, it is most often recommended to notify the relevant administrative authority of the construction of such a shed. In the event of a possible inspection, the authority will then have no grounds to consider that the tool shed erected by the owner constitutes an unauthorised construction.
Frequently asked questions
Does the construction of a tool shed require a building permit?
Placing a tool shed on a plot does not require obtaining a permit from the relevant administrative authority. The investor may have an obligation to file a construction notification based on the provisions of the Construction Law. This is a key step that allows for the legalization of the undertaking without the need to apply for a full permit.
When must I notify the construction of a tool shed?
Notification is required for the construction of free-standing single-story utility buildings with a built-up area of up to thirty-five square meters. An additional condition is that the total number of such structures on the plot does not exceed two for every five hundred square meters of area. In practice, it is recommended to file a notification even for small structures to avoid problems with the authorities.
Is a tool shed without foundations a building within the meaning of the law?
The prerequisite of permanent connection to the ground is not synonymous with having traditional foundations. The court recognizes that what is essential is whether the structure is stable and resistant to external factors, even if it stands on concrete blocks or bricks. If the shed does not risk losing stability, it may be considered a building requiring notification.
What are the consequences if I do not notify the construction of a tool shed?
Failure to file a notification may result in the structure being deemed unauthorized construction in case of potential inspection by an administrative authority. According to recommended practice, filing a construction notification protects the investor from such charges. This is the safest course of action, considering the ambiguity of regulations in this area.
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