The construction or reconstruction of an exit from a property to a public road requires the fulfillment of a number of formalities that have changed in the last few years. The procedures for designing and building exits vary according to the category of the exit. The legislator, by introducing new regulations regarding exits, made an attempt to facilitate the procedure for the implementation of the construction project.
Pursuant to Article 4 point 8 of the Act on Public Roads, an exit is the connection between a public road and real estate located by the road, constituting a direct access point to a public road within the meaning of the provisions on planning and spatial development. According to the Judgment of the Voivoid Administrative Court in Warsaw of July 2, 2020, file ref. VII SA / Wa 92/20: the definition of an “exit” contained in the Act on Public Roads if follows that it is not a part of a public road, but only a place of access to a public road. Importantly, the exit should be a connection between the public road and the real estate located on this road and should be a direct access point to this road. Therefore, the ownership aspect of the property on which the exit is located is irrelevant, while the functional aspect – i.e. providing access from a property located by a public road to this road – is important. Therefore, each plot with access to a road within the meaning of the provisions on planning and spatial development, directly or via an internal road, or even a road easement, must have an exit.
As a result of the amendment to the provisions of the Construction Law, which took place on June 28, 2015 and January 1, 2017 designing exits has become a less complex procedure. Article 29 section 1 point 11 of the Construction Law lists exits from national and provincial roads and parking lots on these roads as construction objects that do not require a building permit, but only require notification. Another significant change was introduced in Article 29 section 2 point 11 of the above-mentioned act, which lists the construction of exits from poviat and commune roads and parking lots on these roads as the construction of facilities not subject to notification, thus completely exempt from the procedure. Notwithstanding the above, designing an exit requires that the competent road administrator issues an administrative decision on the location of the exit.
It is worth emphasizing that the exits will constitute construction structures for which the Construction Law will provide for an exemption from the requirement to obtain a building permit, if they fall within the guidelines contained in the Regulation of the Minister of Transport and Maritime Economy of March 2, 1999 on Technical Conditions to Be Met by Public Roads and Their Location. The provisions of this regulation, which entered into force on September 13, 2019, introduced in par. 76a, the division into public and individual exits due to the function of connecting the road with the property. It is the type of exits that will determine the conditions of its construction and reconstruction. Thus:
- Individual exit – defined by the road administrator as an exit to one or more objects used individually;
- Public exit – defined by the road administrator as an exit to at least one facility where business activity is conducted, in particular to a petrol station, restaurant, hotel, industrial, commercial or warehouse facility.
This is not the only provision in this regulation that has changed. In par. 78 and 79, the conditions for organizing public and individual exits were regulated. The amended regulations have removed doubts, e.g. with regard to the requirement to locate an exit within the road lane of public roads.
To sum up, the amendment to the regulations on the design and construction of exits has limited the formal requirements that must be met, which may result in relieving the administrative authorities in the field of building permits issued. Moreover, new regulations remove doubts as to the technical conditions required for the construction of exits. It seems that these changes will have a positive impact on the exit design process, streamlining and accelerating such construction projects.
Sonia Dworak
Prawnik | Lawyer
T: +48 22 447 43 00
E: dworak@millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield, and is based on the facts and guidance available at the time of its release which may be subject to change. The purpose of the publication is to draw attention to the legal events indicated in it and should not be the sole basis for any decision regarding a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other legal development to the particular facts can be verified.