It depends on its height and location. Currently applicable regulations exempt you from the need to apply for a building permit and report mast structures below H=3 meters. In the case of higher masts - if the planned facility is located on the ground – is a construction object, so it is subject to construction law ""Act of July 7, 1994 Construction Law (Journal of Laws No. 243, item 1623 of 2010, as amended)" so a procedure is necessary obtaining a building permit.
The situation is different when the planned truss mast (or other telecommunications mast) is to be erected on an existing building.Amendment to the Construction Law art. 29 section 2 point 15 specifies that an object over 3 meters high located on a building is not itself a building, therefore it is not subject to the procedure for obtaining a building permit. This assessment was shared by the Provincial Administrative Court in Poznań in its judgment of August 22, 2012. (II SA/Po 528/12). Finally - masts and towers on buildings are subject to reporting.
However, there are exceptions to the reporting rule. The commune or the Starosty may impose on the Investor the obligation to obtain a building permit, based on the regulation art. 29 section 7 Construction Law and on the basis of an administrative decision if deemed necessary. The conditions for such a necessity include the possibility of:
- there is a threat to the safety of people or property;
- deterioration of the state of the environment or the state of preservation of monuments;
- deterioration of health and sanitary conditions;
- introduction, perpetuation or increase of restrictions or nuisance to neighboring areas.
As you can see, the options catalog is quite loosely defined as to what it means in practice individual freedomadministrativein a given area regarding the procedure for obtaining the right to install a mast on a building. It is therefore worth verifying your investment plans directly to the competent official in order to determine the prevailing interpretation of law in a given area. AluPro's experience shows that municipalities prefer the building permit route, which gives them greater freedom in influencing the form of the proposed investment.