Is it possible to erect a container without notification?

When you decide to erect a shipping container, it is useful to know what rights and obligations this entails. On the one hand, we are dealing with objects that can serve as a building, and on the other hand, they are largely mobile objects. So how is it in the end with these containers? Is a container a building object? Is an application to erect a container necessary? We answer!

Container facility – definition and legal status

Let’s start with the basic issue, which is the legal status of the container. According to Article 3(5) of the Construction Law, a shipping container can be considered a temporary structure.

“[…]a building structure not permanently connected to the ground, such as: shooting ranges, street kiosks, street sales and exhibition pavilions, tent covers and pneumatic shells, amusement devices, barracks, container facilities[…].”

Analyzing the above passage (Article 3(5)), we can confidently classify shipping containers as container facilities. These, in turn, are classified as construction objects not permanently connected to the ground and are intended for temporary use during construction works or planned to be moved to another place or demolished. What does this mean? It means that if you want to put a container on your site, you do not need to apply for a building permit.

All we need to do is to report this fact to the County or City Hall. This form of notification is the so-called construction application, which must include a description of the planned object. However, it is important to remember one very important thing that governs this rule. Article 29(1)(7) of the Construction Law says that we have the above right only if the foundation of the container will not exceed 180 days. Otherwise, we will be required to move the container building or obtain a building permit. This will be the case even if the container is still an object not permanently connected to the ground.

Notification to erect a container vs. a building permit – what is the difference?

Notification of the erection of a container is a simpler administrative procedure. All you need to do is to notify the relevant office (e.g., the district administration) of your intention to place a container on your plot, and if the office does not object within about 21 days – you can proceed.

Permission to build a container is a more formalized process. It requires a construction project, an opinion and an administrative decision. Without obtaining it, the project cannot begin.

The right choice of procedure depends on the purpose of the container, the duration of its use, the location and the method of foundation.

Application for placing a container on the plot – how does it look in practice?

In practice, the procedure for obtaining a permit or filing a notification depends on the type and purpose of the container and may involve additional administrative formalities. Sanitary, social or technical containers, which are construction facilities (e.g., a residential barrack, a social barrack, etc.), can be considered objects intended for temporary use during the implementation of construction work and do not require a decision on a construction permit. This means that when we are planning construction and for this purpose we need to erect a social container on our site to serve workers, we only need to notify the relevant authorities and we can use the container for no more than 180 days at a given site.

What later? In order to legally continue to use the container another six months, then after this period we must move the container from one place to another on our plot. If, on the other hand, we plan to continue using it in the same place, a construction notification and a permit to erect the container is required under current regulations.

The situation is similar when we want to build a summer house from shipping containers. Such a house from containers without a permit is possible if we meet certain conditions. The Polish construction law gives the opportunity to erect and inhabit buildings that take up less Than 35 sq. m. without a building permit – In this case, you only need to meet the 3 conditions we mentioned in our previous post on Building a summer house from containers:

• The container plot house must be a single-story, detached building.
• The container house must be up to 35 square meters in size.
• There can be only one such container building for every 500 square meters of land.

On the other hand, if the residential containers on the plot are to be used as permanent buildings, a building permit is needed regardless of the square footage. Specific requirements may vary depending on local zoning plans or administrative decisions. It’s also worth bearing in mind that regulations on the erection of containers may also vary between municipalities.

When is a permit required to build a container?

Placing a container on a plot requires a building permit if:

• The shipping container house is to be permanently attached to the land,
• the duration of its use will exceed 180 days from the date of commencement of construction.

Thus, if you plan to have a container on a plot of land as a residential building permanently connected to the land without the possibility of relocation, you need a construction permit for the container. In such cases, the container is treated as a construction object, and its erection is subject to all legal requirements for construction work. It is also worth remembering that the construction of facilities of this type must comply with the zoning plan. It is a good idea to consult with the local department of architecture or building supervision before starting the project.

Penalty for placing container without notification or permit

Placing a container without a notification or permit can lead to legal and financial problems. In many cases, failure to comply with these obligations can result in liability for self-construction, with the risk of a demolition order, a fine or the need to legalize the investment. This is especially true if the container is considered a permanent development. To avoid a penalty for erecting a container, it is also worthwhile to carefully review local zoning regulations and analyze the legal status of the container.

Polish construction law and container buildings

The Polish law on the erection of container buildings is quite friendly and flexible, so that in our country there is a growing interest in container construction, and the number of related investments continues to increase. Of particular interest are temporary construction facilities that can be quickly erected and just as easily moved or dismantled. As we have already mentioned, a container is an object that is not permanently tied to the ground, i.e. it does not require the construction of traditional foundations – a foundation on blocks or supports is sufficient. For more details on the reference to shipping containers in the Construction Law, see Articles 3 and 29 of the Construction Law.

Since regulations can vary depending on local zoning, administrative decisions and office practice, it is advisable to consult the relevant authority in advance. When in doubt, it’s best to consult the local department of architecture or building supervision to avoid mistakes and put up your container with peace of mind – according to the law.