In a 2019 resolution, the City Council sought to prohibit construction on plot no. 522/6 located by Spacerowa Street, but the property owner challenged the resolution in 2020, and the Administrative Court annulled it in its judgment.

On the basis of this judgment, the investor received approval from Wody Polskie to locate single-family houses on the plot by Spacerowa Street. This was despite the fact that, under the Water Law, this is an area where the probability of flooding is medium (1%) and construction there should be limited. The decision granting the building permit, in accordance with the above judgment and Wody Polskie’s approval, was issued by the Bolesławiec County Starost.

- Gmina Miejska Bolesławiec does not offer for sale properties intended for residential construction located in areas at risk of flooding, the so-called flood-prone areas. It is worth emphasizing that the Water Law introduced in 2018 limited the possibility of constructing properties in flood-prone areas. Building a house in such areas is possible only if Wody Polskie issue such a decision for the specific area - the city spokesperson replied, Agnieszka Gergont (emphasis by the spokesperson).

Under the Water Law (Journal of Laws of 2024, items 1087 and 1089), areas of particular flood risk identified in the local spatial development plan are:

  • areas where the probability of flooding is medium and amounts to 1%,
  • areas where the probability of flooding is high and amounts to 10%,

Restrictions on the location of new construction objects apply in these areas.

Under Article 171(1) of the Water Law, flood hazard maps are prepared by Wody Polskie in consultation with the relevant voivodes. Meanwhile, pursuant to Article 166(1) of that Act, every draft local spatial development plan requires agreement with Wody Polskie concerning the construction and development of land located in areas of particular flood risk. When providing such agreements, Wody Polskie take into account the probability of flooding, the level of flood risk, the proposed construction and development of land located in an area of particular flood risk, as well as its current development and previous designation.

Agnieszka Gergont, press spokesperson for UM Bolesławiec