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The area of occupancy (OOO) is a necessary component of a construction project. What is it about? It is an indication of who exactly will be affected by what we build. If the people within the area of influence of a facility have any objections to its construction, they can unfortunately prevent obtaining a building permit
Who is a party in administrative proceedings?
If there is any misunderstanding, a party in the administrative proceedings for the issuance of a building permit can only be the person who will be affected in some way by the object under construction and, of course, the investor. This state of affairs results from Article 28 of the Code of Administrative Procedure.
New Construction Law
On September 19, 2020, an act amending the Construction Law came into force, thereby limiting the entities that can participate as a party in administrative proceedings for a construction permit. And this is all due to the change of one concept: “object impact area”
Previously, in the definition of an area of influence of a facility we had to do with the phrase “in the development, including construction, of the area”. Seemingly a small change – from “in the development” to “in the development”, but it makes a big difference. The previous and much more extensive phrase resulted in much greater restrictions and limitations, such as vibration, dust emissions into the air, noise, or water and soil pollution. The current provision is intended to streamline construction so that there are as few cases as possible in which third parties challenge and block the issuance of a building permit. By narrowing the definition, investors will also be able to deal with formalities much faster
Who determines the project impact area?
As of 2015, it is the designer responsible for the construction project who is required to determine the area of influence of the project. During his analysis, he must indicate the relevant legal provisions on the basis of which the OOO determination was made. In addition, the analysis must:
- determine the range of the object’s impact area presented in a descriptive or graphic form, or
- contain information that the facility impact area is entirely contained in the plot or plots on which it was designed.
Obviously the administrative body issuing the building permit directly will verify the arrangements made by the designer.
Let’s build with our heads
Keeping in mind all definitions, arrangements and legal norms, remember to design and build a building object in a manner specified by the regulations. Let’s stick to the rules of technical knowledge and let’s take into consideration the interests of third parties, located within the range of the construction area. Then everything should go smoothly.
For more information, please visit: https://ocieplamyzycie.pl/budowa/obszar-oddzialywania-obiektu/
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