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Do I need a building permit for the containers?

Nov 9, 2022 | Blog

As with many questions in the field of construction law, the title question could be answered: "it depends". To be able to clearly answer simply "yes" or "no", you need to know many details related to both the form of use containeras well as its assembly, area and even construction.

container whether a building permit is needed

Is on containers do you need a building permit?

Facts and Myths

In the common opinion, objects such as containers are considered buildings that can be erected without a building permit. And in many cases it is true. However, it's not alone container determines such an interpretation of the law, and a wide range of factors that ultimately determine whether a permit will be necessary or whether it is enough to notify the designated administrative authority.


Container as a temporary object

The fact is that if the container is going to be used temporarily, no planning permission is required. However, it is worth knowing what the legislator describes as temporary. Pursuant to Art. 29 sec. 1 point 7 of the construction law: does not require a building permit, [...] building temporary construction objects not permanently connected to the ground and intended for demolition or transfer to another place - within the time limit specified in the notification, but not later than within 180 days from the date of commencement construction specified in the application. It is clear that the containers used during road or housing investments can be erected without a building permit, but only by notification, only if they are moved to another location within 6 months. Importantly, it can be a place within the same plot.

In turn, the statement that without a permit, a container can be placed on the plot as a place to support construction house for a period of several years is a myth that can have costly consequences.

residential containers

Container as a recreational house, garage, storeroom

Another myth that is not worth believing in is the popular opinion that you can build any one you like garage, be a house z containers and don't worry about a building permit. In order to actually do this, the conditions set out in the Building Law Act must be met. And what is important, it will still be necessary to notify the competent administrative authority - usually the staroste

The above-mentioned Article 29 (1) (7) of the Construction Law indicates that does not require a building permit, (...) construction of detached one-story farm buildings, garages, sheds with a building area of ​​up to 35 m2, however, the total number of these objects on the plot may not exceed two for every 500 m2 plot area. Similar criteria must be met by a container if it is to be used as a house summer house. The act defines such an object as a detached one-story building of individual recreation understood as a building intended for periodic rest. Interestingly, this type houses they can have an area of ​​up to 70 m2 provided that the span of structural elements does not exceed 6 m, and the extension of the brackets does not exceed 2 m.

The key word in the above provisions is the word "buildings", because the term building is precisely defined in the provisions of the construction law. Article 3 (2) XNUMX specifies whenever the law mentions building – it should be understood as a building structure that is permanently connected to the ground, separated from the space by means of building partitions, and has foundations and a roof. What does this mean for an investor who wants to use the container as a garage or a garage? summer house? In order to be able to erect such a facility without a building permit, it must ensure that the container stands on foundations dug into the ground, and not only on blocks placed directly on the ground.

container house

So: is notification enough?

As you can see, right construction although complicated, it gives many possibilities of using the containers without the need to obtain a building permit, but only "on application". However, it is not as clear and simple as you can read on the websites of companies selling containers. It is worth being aware of the requirements that the legislator imposes on the investor, be it an individual or a business one. When buying a container, it is better to use the services of reputable manufacturers who, as experts, will indicate the best solutions and suggest how to implement the investment in accordance with the law.

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