Draft of 7 June 2023
REGULATION
JOURNAL OF LAWS
OF THE REPUBLIC OF POLAND
Warsaw, 9 November 2023
Item 2442
Regulation
OF THE MINISTER FOR DEVELOPMENT AND TECHNOLOGY 1)
of ...
amending the Regulation on the technical conditions to be met by buildings and their location2)
Pursuant to Article 7(2)(1) of the Construction Law Act of 7 July 1994 (Journal of Laws of
2023, items 682, 553 and 967, as amended), the following is hereby decreed:
§ 1. The following amendments shall be made to the Regulation of the Minister for
Infrastructure of 12 April 2002 on the technical conditions to be met by buildings and their location
(Journal of Laws 2022, item 1225):
1) in § 3, in point 26 the full-stop shall be replaced with a semicolon and point 27 shall be added,
reading as follows:
‘27) public square – shall mean an area available to the general public and designed for
recreation, communication, and representative use; it is a site designated in the local land
use plan as a square or market area or as a public road transport area, and in the absence of
a local land use plan – as a land-use area marked in the cadastre as recreational and leisure
areas or as a road, marked with the symbol BZ or dr., respectively.’;
of 27 October 2023
amending the Regulation on the technical conditions to be met by
buildings and their location2)
Pursuant to Article 7(2)(1) of the Building Law Act of 7 July 1994 (Journal of Laws of 2023, item 682, as
amended3)) the following is decreed:
§ 1. The following amendments shall be made to the Regulation of the Minister for Infrastructure of 12 April 2002
on the technical conditions to be met by buildings and their location (Journal of Laws 2022, item 1225):
1) in § 3, in point 26 the full-stop shall be replaced with a semicolon and point 27 shall be added, reading as follows:
‘27) public square – shall mean an area available to the general public and designed for recreation,
communication, and representative use; it is a site designated in the local land use plan as a square or market
area or as a public road transport area, and in the absence of a local land use plan – as a land-use area
marked in the cadastre as recreational and leisure areas or as a road, marked with the symbol BZ or dr.,
respectively.’;
2) in § 12:
a) Paragraphs 1 to 3 shall read as follows:
‘1. Unless other requirements are stipulated in the provisions of § 13, § 19, § 23,
§ 36, § 40, § 60 and § 271 to 273, or in separate regulations governing the permissible
distances between certain structures and buildings, a building shall be located on a
building plot at a distance from the border of that plot not shorter than:
1 )The Minister for Development and Technology heads the government department for the
construction, land use planning and zoning and housing pursuant to § 1(2) (1) of the Regulation of
the Prime Minister of 15 April 2022 on the detailed scope of activities of the Minister for
Development and Technology (Journal of Laws [Dziennik Ustaw], item 838).
2 )This Regulation was notified to the European Commission on ..., under No ..., pursuant to § 4 of
the Regulation of the Council of Ministers of 23 December 2002 concerning the manner in which
the national notification system of standards and legal acts functions (Journal of Laws, item 2039,
and of 2004, item 597) which implements the provisions of Directive (EU) 2015/1535/EU of the
European Parliament and of the Council of 9 September 2015 laying down a procedure for the
provision of information in the field of technical regulations and of rules on Information Society
services (codification) (OJ EU L 241 of 19.9.2015, p. 1).

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1) 4 m – for buildings where a wall with windows or doors faces the boundary in
question;
‘1. Unless other requirements are stipulated in the provisions of § 13, § 19, § 23, § 36, § 40, § 60 and
§ 271 to 273, or in separate regulations governing the permissible distances between certain structures and
buildings, a building shall be located on a building plot at a distance from the border of that plot not shorter
than:
1) 4 m – for buildings where a wall with windows or doors faces the boundary in question;
2) 3 m – for buildings where a dead wall faces the boundary in question;
3) 5 m – for multi-family residential buildings with more than 4 overground storeys
where a wall with windows or doors faces the boundary in question;
4) 5 m – for multi-family residential buildings with more than 4 overground storeys
where a dead wall faces the boundary in question.
2. In the cases referred to in paragraph 1 points 2 and 4, a building may be located at
a distance of not less than 1.5 m from the border or directly at that border, if the local land
use plan provides for such a possibility.
3. It is permitted, taking into account separate regulations and the provisions of § 13,
§ 19, § 23, § 36, § 40, § 60 and § 271 to 273, to locate a building directly at the boundary
of the building plot provided that its whole wall will adjoin the wall of a building located
on the adjacent plot, and provided that its height will be in accordance with the local land
use plan or with the planning permission issued for the area in question.’,
3) 5 m – for multi-family residential buildings with more than 4 overground storeys where a wall with
windows or doors faces the boundary in question;
4) 5 m – for multi-family residential buildings with more than 4 overground storeys where a dead wall
faces the boundary in question.
1 ) The Minister for Development and Technology heads the government department for the construction, land use planning and zoning
and housing pursuant to § 1(2) (1) of the Regulation of the Prime Minister of 15 April 2022 on the detailed scope of activities of the
Minister for Development and Technology (Journal of Laws [Dziennik Ustaw], item 838).
2 ) This Regulation was notified to the European Commission on 13 June 2023 under number 2023/0368/PL, pursuant to § 4 of the
Cabinet Regulation of 23 December 2002 on the functioning of the national system for notification of standards and legal acts (Journal
of Laws, item 2039; and Journal of Laws of 2004, item 597) which implements Directive (EU) 2015/1535 of the European Parliament
and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations
and of rules on Information Society services (codification) (OJ EU L 241, 19.9.2015, p. 1).
3 ) Amendments to the consolidated text of the Act referred to above were notified in the Journal of Laws of 2023, item 553, 967, 1506,
1597, 1681, 1688, 1762, 1890, 1963, and 2029.

Journal of Laws - 2 - Item 2442
2.In the cases referred to in paragraph 1 points 2 and 4, a building may be located at a distance of not
less than 1.5 m from the border or directly at that border, if the local land use plan provides for such a
possibility.
3.It is permitted, taking into account separate regulations and the provisions of § 13, § 19, § 23, § 36,
§ 40, § 60 and § 271 to 273, to locate a building directly at the boundary of the building plot provided that its
whole wall will adjoin the wall of a building located on the adjacent plot, and provided that its height will be
in accordance with the local land use plan or with the planning permission issued for the area in question.’,
b) paragraph 6 shall read as follows:
‘6. The distance to the boundary of a building plot shall be at least:
1) 1.5 m from the eaves or a cornice facing the boundary in question, and from a
balcony, porch roof, access deck, terrace, external staircase or ramp – except for
ramps for people with disabilities;
1) 1.5 m from the eaves or a cornice facing the boundary in question, and from a balcony, porch roof,
access deck, terrace, external staircase or ramp – except for ramps for people with disabilities;
2) 4 m from a roof window facing the boundary in question;
3) 3 m from a balcony in the building referred to in paragraph 1 points 3 and 4.’,
c) paragraph 8 shall read as follows:
‘8. Livestock buildings or utility buildings, taking into account separate regulations
and the provisions of § 13, § 60 and § 271–273, shall not be located with a wall with
windows or doors situated less than 8 m from the wall of a located on the adjacent building
plot residential building, communal residential building or public utility building, or a
building with a final building permission or with a construction notification against which
no objection has been made by an architecture and construction authority or for which a
certificate of absence of grounds for objection, as referred to in Article 30(5aa) of the
‘8. Livestock buildings or utility buildings, taking into account separate regulations and the provisions of
§ 13, § 60 and § 271–273, shall not be located with a wall with windows or doors situated less than 8 m
from the wall of a located on the adjacent building plot residential building, communal residential
building or public utility building, or a building with a final building permission or with a construction
notification against which no objection has been made by an architecture and construction authority or for
which a certificate of absence of grounds for objection, as referred to in Article 30(5aa) of the
Construction Law Act of 7 July 1994, has been issued, subject to paragraph 4 point 3.’,
d) paragraph 10 shall read as follows:

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‘10. Keeping the distance referred to in paragraphs 1 to 9 shall not be required if the
adjacent plot is a road plot or a public square,’,
‘10. Keeping the distance referred to in paragraphs 1 to 9 shall not be required if the adjacent plot is a
road plot or a public square,’,
e) paragraph 11 shall be added, reading as follows:
‘11. Production or storage buildings with a footprint area exceeding 1 000 m2, taking
into account separate regulations and the provisions of § 13, § 60 and § 271 to 273, shall
be located with a wall situated not less than 30 m from the wall of:
1) a residential building or a communal residential building existing on another building
plot;
2) a residential building or a communal residential building planned to be constructed
on another building plot, for which there is a final building permission or a
construction notification against which no objection has been made by an architecture
and construction authority or for which a certificate of absence of grounds for
objection, as referred to in Article 30(5aa) of the Construction Law Act of
‘11. Production or storage buildings with a footprint area exceeding 1 000 m2, taking into account
separate regulations and the provisions of § 13, § 60 and § 271 to 273, shall be located with a wall situated not
less than 30 m from the wall of:
1) a residential building or a communal residential building existing on another building plot;
2) a residential building or a communal residential building planned to be constructed on another building
plot, for which there is a final building permission or a construction notification against which no
objection has been made by an architecture and construction authority or for which a certificate of
absence of grounds for objection, as referred to in Article 30(5aa) of the Construction Law Act of
7 July 1994, has been issued.’;
3) § 20 shall read as follows:
Ԥ 20. Parking spaces for passenger cars used only by people with disabilities, in a number
not exceeding 6 % of the total number of parking spaces, as referred to in § 18(2), but not
smaller than 1, can be placed next to windows of buildings without any restrictions. Such
parking spaces shall be appropriately marked.’;
Ԥ 20. Parking spaces for passenger cars used only by people with disabilities, in a number not exceeding
6 % of the total number of parking spaces, as referred to in § 18(2), but not smaller than 1, can be placed next to
windows of buildings without any restrictions. Such parking spaces shall be appropriately marked.’;
4) § 39 and § 40 shall read:
Ԥ 39. 1. On building plots intended for the construction of multi-family residential
buildings, health care facility buildings, with the exception of clinics, and educational facility
buildings, at least 25 % of the plot area shall be arranged as biologically active land, unless
another percentage is stipulated in the local land use plan.
2. On plots of land intended for a public square with an area of more than 1 000 m² at least
20 % of the area shall be arranged as a biologically active area, unless a higher percentage is
stipulated the local land use plan.
§ 40. 1. A playground accessible also to persons with special needs shall be arranged in
situations where one multi-family residential building with more than 20 dwelling units is
constructed, as well as in situations where a multi-family residential complex with more than 20
dwelling units is constructed, whereas at least 30 % of the playground area shall be located
within a biologically active area.

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2. A recreational area with leisure spaces, accessible also to persons with special needs,
shall be arranged in situations where a multi-family residential complex with more than 20
dwelling units is constructed, whereas at least 30 % of the recreational area shall be located
within a biologically active area.
3. Exposure of at least 50 % of the playground area to sunlight shall last for at least 2
hours, calculated on equinox dates, between 10 A.M. and 4 P.M. In the case of developments in
the city centre, sunlight exposure of at least 1 hour is acceptable.
4. The distance from playgrounds, sports grounds for children and youths and recreational
areas to street boundaries, roads, shared zones, windows of rooms intended for human
occupancy, and waste collection sites shall be at least 10 m, subject to the requirements referred
to laid down in § 19(1).
Ԥ 39. 1. On building plots intended for the construction of multi-family residential buildings, health care
facility buildings, with the exception of clinics, and educational facility buildings, at least 25 % of the plot area
shall be arranged as biologically active land, unless another percentage is stipulated in the local land use plan.
2.On plots of land intended for a public square with an area of more than 1 000 m² at least 20 % of the area shall be arranged as a
biologically active area, unless a higher percentage is stipulated the local land use plan.
§ 40. 1. A playground accessible also to persons with special needs shall be arranged in situations where one
multi-family residential building with more than 20 dwelling units is constructed, as well as in situations where a
multi-family residential complex with more than 20 dwelling units is constructed, whereas at least 30 % of the
playground area shall be located within a biologically active area.
2. A recreational area with leisure spaces, accessible also to persons with special needs, shall be arranged in
situations where a multi-family residential complex with more than 20 dwelling units is constructed, whereas at least

Journal of Laws - 3 - Item 2442
30 % of the recreational area shall be located within a biologically active area.
3. Exposure of at least 50 % of the playground area to sunlight shall last for at least 2 hours, calculated on
equinox dates, between 10 a.m. and 4 p.m. In the case of developments in the city centre, exposure to sunlight of at
least 1 hour shall be acceptable.
4. The distance from playgrounds, sports grounds for children and youths and recreational areas to street