A resident of Bolesławiec municipality called us. The reader noticed that residents of Dobra were fencing off their properties with concrete fences, which, in her opinion, is prohibited. What is more, the woman stressed, old buildings are being demolished and ruined, while people are putting up metal sheds and moving fire hydrants.
The reader wonders whether all of this is being done legally. Is this not unauthorised construction and a building free-for-all? And she asks whether anyone has any control at all over the expansion of Dobra.
The matter was explained in detail to the istotne.pl portal by Jarosław Babiasz, head of the Agriculture, Real Estate and Municipal Services Department at the Bolesławiec Municipal Office:
The new local spatial development plan for Dobra village, in force in the village of Dobra (Resolution No. XIII/111/16 of the Bolesławiec Municipal Council of 25 May 2016), introduces restrictions on the design of fences, expressed, among other things, in § 15(2)(12) through the following provision:
fences may be built subject to the following conditions:
a) full fences and fences higher than 180 cm are prohibited along roads,
b) fences made of prefabricated concrete elements are prohibited, except for posts and foundations.The following point also introduces a ban on constructing metal garages and metal utility buildings.
The head of the Agriculture, Real Estate and Municipal Services Department added:
First and foremost, pursuant to Article 28(1) of the Construction Law, construction works may be commenced only on the basis of a building permit, although there are exceptions to this rule, set out in Articles 29–31—for example, some construction works must be notified to the architectural and construction administration authority. Although fences are excluded from the above rule, their location and construction must nevertheless comply with the above plan. The situation is different in the case of garages, which require the appropriate permits.
The competent architectural and construction administration authority in our area, to which construction works must be notified, is the Architectural and Construction Department of the District Office. It should also be recalled that Article 5(2) of the Construction Law requires the owner of a site to maintain a building structure in proper technical and aesthetic condition, preventing an excessive deterioration of its functional properties and technical efficiency.
Compliance of planned and completed construction investments with legal regulations is monitored by the competent District Building Supervision Inspectorate (Article 81 of the Construction Law).
What do you think? We invite you to join the discussion.