What was a building notification, and why does it no longer exist?
Until the end of 2023, the old Building Act allowed for certain simpler construction projects to be carried out based on a so-called “notification” to the building authority—that is, without the traditional zoning and building permit process. This process was faster and less administratively burdensome. The builder simply notified the authority of their intention and, upon receiving approval, could proceed with the construction.
The notification primarily applied to smaller single-family homes, recreational structures, garages, garden structures, and other minor structures that did not require an assessment of broader impacts on the area.
The new Building Code has not retained the building notification system. For most common structures, the new provisions of the Building Code will be fully effective as of July 1, 2024. The new Building Act introduces new tools that vary depending on the size, purpose, and impact of the structure. However, this does not mean that minor structures are now subject to a complex permitting process—on the contrary, the law provides for so-called “expedited building permits” under Section 212 of the Building Act.
Are you solving a similar problem?
Not sure what building permits you need?__service_desc: Avoid unnecessary mistakes that could delay your construction project or drive up costs. Our lawyers will advise you on the correct procedure and exactly what documentation to submit to the authorities. Fast, clear, and online.
I need some advice
- When you order, you know what you will get and how much it will cost.
- We handle everything online or in person at one of our 6 offices.
- We handle 8 out of 10 requests within 2 working days.
- We have specialists for every field of law.
What replaces the building notification under the new Building Act?
Instead of the previous notification, a simplified permitting process is now in effect, specifically within the framework of the so-called expedited permit procedure for project proposals (Section 212 of the Building Act).
The new Building Act did not replace theformer building notification with a single, identical institution. For some smaller structures, a permit is not required at all today; for others, an application for a project permit is submitted. If the legal conditions are met, the building authority may issue a decision through the expedited procedure.
For minor construction projects that were previously carried out under a notification, the aforementioned expedited procedure is generally used.
Construction by Notification Under the New Framework
The expedited procedure is intended for smaller structures that can reasonably be expected not to have a significant impact on the environment, surrounding buildings, or neighboring properties. Specific conditions are governed by the implementing decree on construction requirements.
Typical examples of small structures suitable for the simplified procedure include garages or sheds up to a certain size (e.g., up to 50 m²), garden sheds, gazebos, greenhouses, etc., as well as swimming pools or simple single-family homes (under certain conditions).
However, please note that it is not only the size of the structure that matters, but also its impact on the area. For structures located in a historic preservation zone, a specially protected area, a floodplain, or another sensitive location, it is necessary to verify the specific requirements of the relevant authorities. In some cases, they may rule out the expedited procedure.
How does the expedited procedure work?
The expedited procedure offers a simpler and faster process. Although it is formally a regulatory procedure, its duration is significantly shortened and it involves less administrative burden. Here is an overview of how the entire process works, step by step:
- Submitting the Application
It all begins with submitting an application for a project permit under the expedited procedure. The application can be submitted electronically via the Builder’s Portal or in hard copy using the designated form.
The relevant project documentation must be attached to the application. If the builder wishes to use the expedited procedure, they must provide the consent of all parties involved in the proceedings regarding the project, as indicated on the site plan in the documentation.
Once the building authority receives the application and its attachments, it will assess whether all conditions have been met. If so, it may proceed without the need for a public hearing, which significantly speeds up the process.
For a simple construction project, the building authority must generally issue a decision within 30 days of the start of the proceedings. In other cases, the deadline is 60 days. The law allows for these deadlines to be extended under certain conditions. This represents a significant acceleration compared to previous practice, when similar proceedings could take several months.
However, if the application does not meet the conditions for expedited proceedings (for example, if any of the required approvals are missing or the documentation is incomplete), it will automatically be transferred to standard proceedings for project approval. In such cases, applicants should expect a longer timeframe and a more complex process.
Tip for article
Tip: The new Building Code has tightened penalties for unauthorized construction and made it more difficult to legalize such structures retroactively. What does this mean for those who discover an illegal structure in their neighborhood? Find out in our article.
What types of structures do not require a permit at all?
The new Building Act retains the option to carry out certain minor construction projects entirely without a permit or notification, known as “permit-exempt construction.” However, these structures must meet the conditions set forth directly in the Building Act, particularly in Annex No. 1. Therefore, there is no single universal rule that applies to all minor structures—it always depends on the specific type of structure.
For typical small structures on the property of a single-family home or structures for family recreation—such as a garden shed, a woodshed, a gazebo, or a carport—the key consideration is whether:
- they have a built-up area of no more than 40 m²,
they are no more than 5 m high,
they have no more than one above-ground story,
if they have a basement, it is no deeper than 3 m,
they are located at least 2 m from the property line,
are not used for business purposes,
and after their construction, at least 50% of the lot remains capable of absorbing rainwater.
This includes, for example, simple garden gazebos or pergolas, sheds and storage huts, fencing ( up to a certain height), or small swimming pools up to 40 m².
However, the structure must still comply with the zoning plan and general building requirements. It is definitely worth requesting a written statement from the building authority or consulting an expert, such as an architect or a licensed inspector, regarding your project.
How can you determine which regulations apply to your construction project?
Since January 2024, the rules for building permits have changed significantly, and the concept of “notification-based construction” has been completely replaced by a different approach. The new Building Act provides for several types of procedures (expedited and standard), and it is not always clear at first glance which category your specific project falls under. Choosing the correct procedure will significantly affect how quickly and smoothly the building permit process proceeds. So what should you do to avoid getting lost in the new system?
1. Start with the zoning plan
Every municipality has its own zoning plan, which specifies what may be built where and under what conditions. This plan is a key document used to determine whether your construction project is even permissible in a given location. Therefore, your first step should be to study the municipality’s zoning plan or, if applicable, the regional zoning documentation. This will help you determine, for example, whether the land is designated for residential use, recreation, industrial use, or green space—and you can draw many conclusions from that information.
2. Consult with the building authority
Even the best understanding of the zoning plan may not be enough. Every construction project has its own specific circumstances—size, structure, connection to infrastructure, impact on the surrounding area, or proximity to a protected area, for example. All of these factors can influence which regulatory regime applies to the project. That’s why we recommend contacting the relevant building authority as soon as possible—ideally before you start preparing your application or hire a designer. The authority can provide you with a preliminary opinion or recommendation on which procedure to choose and what documentation to prepare.
3. Consider Seeking Help from a Licensed Inspector
For more complex construction projects, it’s worth consulting with a designer, architect, or lawyer about your plans before submitting an application. An expert can help you determine whether the project requires a permit at all, whether an expedited process is an option , and what documentation the building authority will need.
Under the new legislation, an authorized inspector no longer issues a certificate that would replace a decision by the building authority. However, they can serve as an expert, for example, in assessing project documentation or in preparing documents for subsequent phases of the permitting process and the use of the structure.
Summary
The new Building Act no longer uses the previous system of building notifications; for most common construction projects, the new rules of the Building Code will be fully in effect as of July 1, 2024. Depending on the specific type of project, what was previously a “notification-only construction” is now replaced either by the regime for minor construction without a permit or by a project permit, which may be issued through an expedited procedure if the statutory conditions are met. Certain smaller structures on the property of a single-family home or structures for family recreation—such as garden sheds, gazebos, shelters, greenhouses, or swimming pools—may be constructed without a permit, provided the conditions specified in the Building Act are met. Typically, the main factors considered are their size, height, distance from the property line, intended use, and the preservation of sufficient area for rainwater infiltration. An application for a project permit may be submitted electronically via the Builder’s Portal or in paper form using the designated form. For simple structures, the building authority must generally make a decision within 30 days of the start of the proceedings; for other projects, a longer deadline applies. It is always crucial to verify which regulations apply to your specific project—the decision depends not only on the type and size of the structure, but also on the zoning plan, the location of the property, and any requirements set by the relevant authorities.
Frequently Asked Questions
Is the building permit still valid?
No. The new Building Act no longer uses the term “building notification.” For most common types of construction, the new rules will take full effect on July 1, 2024. Depending on the type of construction, either no permit is required at all, or an application for a preliminary permit must be filed.
What has replaced the "notification-based" construction process today?
The former “construction upon notification” system is no longer replaced by a single, identical procedure. Some minor construction projects can be carried out without a permit, while others require a project permit. If the legal requirements are met, the building authority may issue a permit through an expedited procedure.
Do I have to submit the application through the Builder's Portal?
You don’t always have to. An application for a project permit can be submitted electronically through the Builder’s Portal or in paper form using the designated form. However, the project documentation must be uploaded to the electronic documentation database.
What types of small structures do not require a permit?
Only structures that meet the requirements of the Building Act—in particular those set forth in Annex 1—may be constructed without a permit. For smaller structures on the property of a single-family home or structures intended for family recreation, the following factors are typically considered: built-up area, height, number of stories, distance from the property line, intended use, and the preservation of an area for rainwater infiltration.
Do I need my neighbors' permission?
Neighbors’ consent is not a general requirement for every construction project. However, if you wish to use the expedited procedure, you must provide proof of consent from all parties involved in the proceedings regarding the proposed project, as indicated on the site plan in the documentation.
