- From 15 August this year, the Regulation on the technical conditions that buildings and their location should meet comes into force, announced on 14 May 2024.
- The first change consists in allowing the use of linear structural elements (with one dominant dimension, such as beams, columns, etc.) made of glued laminated timber when designing a building.
- According to the introduced regulation, in the case of a building with a wall with windows or doors facing the boundary of the building plot on which it is located, it will be possible to reduce the required distance of 4 m (but not less than 3 m) if two conditions are met. Check which ones.
- Clarification of issues related to the location of buildings applies not only to houses, but also to farm buildings on the border of plots.
The content of the regulation Regulation of the Minister of Development and Technology of 9 May 2024 amending the regulation on the technical conditions to be met by buildings and their location is available in the Journal of Laws .
What changes does this regulation introduce to the Construction Law and when will it enter into force?
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Change in the conditions of use of construction timber elements in which buildings from August?
The first change consists in allowing the use of linear structural elements (with one dominant dimension, such as beams, columns, etc.) made of glued laminated timber when designing a building.
This will be possible if each dimension of the cross-section of this element is no less than 14 cm, and the fire resistance class of these elements is no lower than R 30 and when solutions limiting the possibility of fire spreading between storeys have been used. The possibility of using such elements will only apply to low-rise (N) ZL buildings – MRiT experts emphasize.
Thanks to this change, it will be possible to make columns or beams from good quality planed wood, without the need to use expensive and environmentally unfavorable fire protection measures.
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Due to the characteristics of the cross-section (cross-section area, usually massive elements), these elements do not pose a direct fire hazard and are additionally characterized by a high fire resistance class, which affects the safety of the building.
Moreover , it will also be permissible to use linear structural roof elements (with one dominant dimension) made of glued laminated timber in a low-rise (N) or medium-rise (SW) building of a sports hall or indoor swimming pool, provided that each dimension of the cross-section of this element is no less than 14 cm and the fire resistance class of these elements is no lower than R 30 – the MRiT experts emphasize.
As the MRiT experts emphasise, the relaxation of requirements for sports halls and swimming pools was introduced due to the nature of use of these facilities, where the risk of fire is lower.
It will also be permissible to use inside a layered fire separation element in a low-rise building (N) ZL III or in a low-rise building (N) ZL IV load-bearing elements made of solid wood planed on four sides with bevelled corners or laminated wood, with a reaction to fire class not lower than D with additional classifications s1, d0 or s2, d0. However, it will be possible to use this approval if the following conditions are met:
- fire protection of load-bearing elements made of wood against ignition with a K2 60 class cladding;
- filling empty air spaces with materials with a fire reaction class of at least A2, d0;
- not running a fire protection separation element inside the layered installation and not placing any devices there, as well as not having any installation openings in this element, except for appropriately secured openings.
The amendment also introduces the possibility of using load-bearing wooden elements (with a reaction to fire class not lower than D with additional classifications s1, d0 or s2, d0) inside flights or landings of stairs or ramps with a layered structure, used for evacuation. This approval will apply to a low-rise building (N) ZL III or a low-rise building (N) ZL IV made in a fire resistance class of at least "C".
However, the provision contains three conditions that must be met cumulatively :
- flights or landings of stairs or ramps must have a fire resistance class increased by at least 30 minutes compared to the requirement specified in paragraph 3 of § 249 of the Regulation;
- empty air spaces must be filled with materials with a fire reaction class of at least A2, d0;
- flights or landings of stairs or ramps must be covered with fire-resistant claddings made in such a way as to limit the spread of fire to their interior.
This solution will allow for the construction of safe evacuation routes (staircases) with a layered arrangement, using wood as load-bearing elements.
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The regulation of the Ministry of Agriculture and Rural Development on the location of residential and farm buildings introduces changes not only in the construction of houses
Another, equally important goal of the amendment to the regulation is to clarify the principle of siting buildings on a building plot. Due to emerging interpretational doubts, additional explanations, approvals or explanatory drawings have been added to the regulation.
Thus, the change introduced in Article 12, paragraph 1 (in the regulation on the technical conditions that buildings and their location should meet) consists in adding a common part referring to all points included in the basic provision, which clarifies that each surface created as a result of a wall break or offset is treated as a separate wall. The planned change aims to clarify issues related to the incorrect interpretation of the regulations by some architectural and construction administration bodies, which identify the concept of a façade with the concept of a wall – emphasize MRiT experts.
In addition, a new paragraph 1a has been added to Article 12 of the Regulation, according to which it is permissible to bring a building closer to a wall situated in a way other than parallel to the boundary of the plot on which the building is situated, in such a way that the location of the external edge of the window or door determines the need to maintain a distance of 4 m.
When taking measurements, the furthest protruding element of the frame or other elements of the window or door should be taken into account.
The method of determining the minimum distance of a building from the plot boundary. Only in the case of a building facing a wall without windows and doors, the distance to the plot boundary may be only 3 m. Source: MRiT
According to the introduced regulation, in the case of a building with a wall with windows or doors facing the boundary of the building plot on which it is situated, it will be possible to reduce the required distance of 4 m ( but not less than to 3 m ) if two conditions are met:
- the building wall is situated in a way other than parallel to the plot boundary,
- the distance of the outer edge of the window or door is not less than 4 m from the boundary of the plot.
Method of determining the minimum distance of buildings with different volumes from the plot boundary. Source: MRiT
Thanks to this approval, it will be possible to optimally position the building wall on plots of unusual shape and in a manner other than parallel.
Method of determining the minimum distance of buildings with different volumes from the plot boundary. Source: MRiT
In order to clarify the above-mentioned provisions, paragraph 10a is added to Art. 12 of the Regulation, introducing a new Annex No. 1a to the Regulation, indicating graphically, using selected examples, the correct method of determining the minimum distance of buildings from the boundary of a building plot.
Method of determining the minimum distance of buildings with different volumes from the plot boundary. Source: MRiT.
When will the regulation on changing the zoning of buildings come into force?
The regulation was announced on May 14, 2024. The changes to the regulations will enter into force after 3 months from the date of announcement, i.e. exactly from August 15, 2024.
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