The answer depends on the height of the mast and where it is installed. Current regulations exempt mast structures under 3 meters in height from the requirement to obtain a building permit or file a notification. In the case of taller masts set directly on the ground, the structure is treated as a building within the meaning of the Act of July 7, 1994—the Construction Law—and is subject to the full procedure for obtaining a building permit.
The situation is different when a planned lattice tower (or other telecommunications tower) is to be erected on an existing structure. An amendment to the Construction Law (Article 29(2)(15)) stipulates that a structure over 3 meters in height placed on a building is not, in and of itself, a structure and is not subject to the building permit procedure. This assessment was confirmed by the Provincial Administrative Court in Poznań in its judgment of August 22, 2012 (Case No. II SA/Po 528/12). In such cases, masts and towers on buildings are subject only to a notification requirement.
However, there are exceptions to the notification rule. A municipality or county office may require an investor to obtain a building permit, pursuant to Article 29(7) of the Building Code and an administrative decision, if it deems it necessary. The grounds for this may include, among others:
- 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 can be seen, the list of conditions is defined rather broadly, which in practice gives administrative authorities considerable discretion in determining the procedure for obtaining the right to install a mast on a building. It is therefore advisable to verify investment plans directly with the relevant official to determine the prevailing interpretation of the regulations in a given area. AluPro’s experience indicates that municipalities often prefer the route of obtaining a building permit, which gives them greater flexibility in influencing the form of the proposed project.