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Office container and building permit

April 16, 2023 | Blog

Office containers are a modern and functional solution for companies that need additional workspace. They can be used as temporary or permanent offices, warehouses, workshops, shops, or customer service points. They offer a number of advantages: mobility, ease of assembly and disassembly, low construction and maintenance costs, and the ability to adapt to individual needs and preferences. It's no surprise, then, that this solution is becoming increasingly popular among entrepreneurs.

One of the most important aspects of using an office container is obtaining the appropriate building permit. In this article, we'll provide you with basic information on when and which permits are required, what documents you need to prepare, and where to submit them. We invite you to read our guide!

Does an office container require a building permit?

The answer to the question of whether an office container requires a building permit depends on how long and how you plan to use it.

If you plan to use your office container for less than 180 days, you don't need a building permit. In this case, simply notify the appropriate architectural and construction authority before work begins.

You only need a permit if you intend to use the container for more than 180 days or if it is to be permanently connected to the ground (e.g. by foundations or connections). 

A building permit for an office container will also not be required if it does not meet the definition of a structure within the meaning of the construction law. Unfortunately, the law in this area is not entirely clear and is subject to individual interpretation by the tax authority or administrative court.

Some viewpoints hold that if an office container is placed on foundations or other structural elements that prevent it from being moved without damage, it is permanently attached to the ground, thus meeting the definition of a structure. Others believe that an office container is permanently attached to the ground if it is intended for long-term use in a given location and cannot be moved without significant cost.

If you have doubts as to whether your office container is a structure within the meaning of the construction law, it is best to consult a legal advisor.

How to obtain a building permit for an office container?

You will submit your building permit to the district office or city hall. Before submitting your application, you should inquire about the required documents directly with the office where you will be submitting your application. Typically, these will include:

– construction design of an office container prepared by an authorized designer
– a declaration of the right to dispose of the real estate
– a certificate of zoning and land development conditions or a decision on determining the location of a public purpose investment
– geotechnical or geological opinion
– opinion of the sanitary and fire department
– consent of the owner of the utilities network (water, sewage, electricity, gas)
– proof of payment of stamp duty, which usually amounts to several dozen zlotys

The application for a building permit is considered within 65 days from the date of submission. If approved, you receive a building permit. If the application is rejected or is not considered within the deadline, you can appeal to the local government appeals board.

What are the alternatives to building a building permit for an office container?

Obtaining a building permit for an office container is not always possible or profitable. This situation can lead to problems, but there are alternative solutions worth considering:

– Renting a plot with an existing building permit . If you don't want to or can't obtain your own building permit for an office container, you can find a plot that already has one and rent it from the owner.

– Placing the container on wheels or a chassis . If you want to be able to easily move your office container from one location to another, you can opt for a mobile container , which is mounted on wheels or a chassis. Such a container is not considered a construction object and does not require a building permit, provided it meets the conditions specified in road traffic and occupational health and safety regulations. However, it is important to remember that a mobile container must be registered as a vehicle and is subject to road tolls and insurance.

– Using a container as a temporary building . If you only need an office container for a specific period and purpose, such as during renovations or project implementation, you can use the simplified procedure for reporting the construction of a temporary building. This procedure does not require obtaining a building permit – simply notifying the relevant office and submitting the necessary documentation is sufficient. However, it's important to remember that a temporary building must be removed from the site after a specified period or after the purpose for which it was constructed has been completed.

Summary

In this article, you learned whether an office container requires a building permit, how to obtain one, and what alternatives you have when you are unable to obtain a permit. If you intend to use it for less than 180 days, you will have much less formalities. For a longer period, you will usually need to obtain building consent.

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If you are interested in buying an office pedestal or have any questions – contact our consultant who will clarify your doubts and help you choose a model that meets your needs.

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