Implementation of Investment Projects
STAGE ONE
The first step is selecting investment area. Prior to purchasing a plot and launch of a new investment/project, one needs to see if there is a valid local area development plan for a specific area and what this plan stipulates. An application for obtaining information on plot allocation in the valid local area development plan is obtainable from Biuro Obsługi Interesantów i Kontroli Urzędu Miasta Inowrocław (Inquirer Service and Inspection Department of Inowrocław Town Council) ul. Roosevelta 36, counter no. 4.
If the plot or an area where an intended project/investment is to be located are contained in the valid local area development plan, stipulations of the plan are sufficient for issuance of a building permit. Such application must be accompanied only by a cadastral map in two copies. Stamp duty is:
- for excerpts up to 5 pages – PLN 30
- above 5 pages – PLN 50
- for A-4 map excerpt – PLN 20
and is payable at the Town Council’s counter, 1st floor, room 131 or to the Town Council’s bank account: CITI Handlowy Bank Handlowy w Warszawie S.A. Branch in Inowrocław: 29 1030 1090 0000 0000 9010 1021
However, if the area where a project is to be located is not contained in the local area development plan, an entrepreneur must apply for planning permission (or public purpose project/investment location). The application must be accompanied by:
- Background map - 2 copies at a scale of 1:1000 or 1:500, for line investments at a scale of 1:2000 (map for design purposes including presentation of development method/type for the plot which an application refers to). The map should include the numbers of adjacent plots and present an area around the plot where a project/investment is to be located, within a distance of at least 50 m of plot borders. The data are obtainable from Wydział Geodezji, Kartografii, Katastru i Gospodarki Nieruchomościami (Department for Surveying, Cartography, Land Register and Real Estate Management) of the District Authorities Office in Inowrocław ul. Roosvelta 38, ground floor, room no. 104 (closed on Wednesdays). Map cost depends on the format.
- Land registers data. It is necessary to provide the following data: land proprietor and his/her current address, land type and class, owners of adjacent plots. Such information is obtainable from Wydział Ewidencji Gruntów Starostwa Powiatowego (Land Registers Department of District Authorities Office) in Inowrocław, ul. Roosevelta 38, ground floor, room no. 108.
- Specification of the intended type of area development and development characteristics.
- Specification of water and electricity demand and method for disposal or treatment of waste and the actual needs in terms of technical infrastructure (it is recommended that the entrepreneur obtain initial assurance of “receipt” of the above media from distributors, i.e. Zakład Energetyczny (Electricity Board), ul. Szymborska 32 in Inowrocław; Przedsiębiorstwo Wodociągów i Kanalizacji (Water Supply and Sewage Authority), ul. Jaśkowskiego 14 in Inowrocław).
- Presentation of investment/project parameters (development area, sales area – for commercial buildings, cubic capacity, number of storeys, building height).
- Assessment of project/investment impact on the environment or its exploitation.
Applications together with appendices are submitted to Biuro Obsługi Interesantów i Kontroli Urzędu Miasta Inowrocław (Inquirer Service and Inspection Department of Inowrocław Town Council) ul. Roosevelta 36, counter no. 4. .
Stamp duty is PLN 107.00 per decision.
Exempt from stamp duty are housing development projects.
Planning permission does not entail any legal effects with regard to ownership right, which means that one can apply in regard to a plot that is not one’s property. Planning permission becomes final following 2 weeks of its delivery to all parties unless they use their right to appeal against such permission. After expiry of this period, one can apply for a building permit. Those seeking locations for future projects/investments are advised to verify the intended use of a plot against earmarking/allocation of the land where the plot is located in the town’s area development plan. Any information related to this is provided by Wydział Gospodarki Przestrzennej i Nieruchomości (Department for Area Management and Properties) of Inowrocław Town Council ul. Roosevelta 33, first floor, room 29.
STAGE TWO
Obtaining a building permit for your real estate. This means that the investor must have a title to such real estate, resulting from:
- ownership;
- co-ownership (investor must provide names of fellow owners and their agreement to perform construction works to which the building permit refers);
- perpetual usufruct;
- permanent management;
- limited rights in property;
- contract relationship providing for an obligation to obtain building permit (it is necessary to indicate who owns the real estate).
STAGE THREE
To develop the design the investor hires a suitably qualified person who holds a certificate to prove his/her membership in a relevant local professional association. If you make the right choice here, you will avoid problems later: during design discussions and approval as well as when you carry out your project.
STAGE FOUR
Obtaining opinions from other relevant bodies as required by special regulations, such as but not limited to:
- Farmland and Forest Protection Act;
- Fire Protection Act;
- Environment Protection Act;
- Monument Protection and Care Act;
- State Sanitary Inspection Act;
- Public Roads Act.
STAGE FIVE
Applying for a building permit and design approval. Application form can be obtained from Wydział Architektury, Budownictwa i Inwestycji (Architecture Construction and Investments Department) of Starostwo Powiatowe (County Authorities Office) in Inowrocław, at ul. Matewska 17. With the application, please enclose:
- 4 copies of the construction design, including opinions, agreements, permits and other documents required by the special regulations and those resulting from article 33, section 2, clause 4, and section 3 of the Building Law Act dated 7 July 1974 (Journal of Laws of 2006, no. 156, item 1118, as amended);
- declaration that you are entitled to construct buildings and structures on the real estate;
- planning permission, if required by the Spatial Planning and Land Development Act.
The application is to be submitted at Kancelaria ogólna (General Office) of Starostwo powiatowe (County Authorities) in Inowrocław, 2nd floor, room 145. The amount of due stamp duty is as provided for in the Stamp Duty Act. Planning permission is issued within 65 days, and is valid for 2 years.
Construction works may begin when the planning permission becomes legally effective (14 days from the date when the said decision is delivered to all parties, unless they appeal). The investor must appoint a site manager (for construction works) and, in case of large projects, a site supervisor.
STAGE SIX
Once you have received your planning permission, it is obligatory to notify the County Building Inspector 7 days in advance of the scheduled start of construction works (ul. Mątewska 17, Inowrocław). Please enclose the following with this notification:
- Construction site manager’s statement confirming that a safety plan has been drawn up and that the site manager accepts responsibility for construction works, plus a membership certificate from the trade chamber authorities;
- If an investor’s site supervisor is appointed, a site supervisor’s statement confirming that the site supervisor accepts the responsibility for supervision of certain construction works on behalf of the investor, plus a membership certificate from the trade chamber authorities.
STAGE SEVEN
Upon completion of your construction works, it is necessary to visit the County Building Inspector once again, to notify that the works are complete. If within 21 days of notification the Inspector does not object, the building may be opened for use. Please remember to file your notification at least 21 days ahead of your scheduled opening time.
There are some cases where filing the notification is not enough, and you will also have to obtain an occupancy permit from the County Building Inspector.
This is necessary when:
- Such obligation was part of the building permit, or it has been deemed that the building/structure fails to meet conditions required in the permit;
- The County Building Inspector has issued a decision mentioned in article 49, section 4 of the Construction Law Act (this refers to cases where a building/structure has been built (or is being built) without a permit, and there is a possibility for making it legal);
- The County Building Inspector has issued a decision mentioned in article 51, section 1, clause 2 of the Construction Law Act (this refers to the possibility of legalizing construction works other than erecting a building/structure, performed without a permit or required notification);
- The building/structure is to be (partially) used prior to completion of all construction works.
An investor who is obligated to obtain a permit to use a building/structure must notify the following bodies that a building/structure has been completed and is intended to be put into use:
- Environment Protection Inspectorate;
- National Health Inspectorate;
- National Employment Inspectorate;
- National Fire Service.
If the abovementioned bodies do not take any stance within 14 days of receiving notification, this may be deemed as no objections on their part.
With the notification of building/structure completion or an application for occupancy permit, an investor must include the following:
- Original construction log;
- Site manager’s statement:
- that the building/structure is compliant with the design and the planning permission, and that it meets all regulations;
- that the construction site, and – if they have been used – also the street, adjacent property, building or premises, have been tidied;
- Statement of proper development of the adjacent areas, if the use of the constructed building/structure is dependant on proper development of the adjacent areas;
- Test and check reports;
- As-built site survey;
- Statement confirming that the abovementioned bodies make no objections (this refers to occupancy permit).
STAGE EIGHT
Investors may count on preferential treatment by the Inowrocław Town Council. This mainly include tax benefits and fee concessions.
