When and if you face a penalty for putting up a container?

Functionality, the possibility of easy transport and expansion makes more and more people decide to put a container on their plot. What formalities do we need to remember? Do we face any penalties for failing to comply with them? You can read about when and if you face penalties for putting up a container in today’s post! We encourage you to continue reading!

Shipping containers work well as a summer house, storage for equipment and tools, garage or workshop on a plot or yard, making them a solid alternative to traditional construction. As for the legal issues involved in placing a container on a plot, we will usually be required to deal with certain formalities, which will depend on how we intend to use it and where we want to place it.

Permission to erect a container

The sight of a shipping container on a plot of land these days surprises no one. Whether the container serves as a summer house, workshop or warehouse, this solution is extremely practical. It saves a lot of time and money compared to traditional construction. And what does it look like from the formal side? Do we need a permit or not? We can not answer this question unequivocally! The answer depends on how we will use our container.

Without a permit? Only up to 180 days! Otherwise you face a penalty for putting up a container!

In order to avoid legal problems, it is necessary to check whether the placement of a container in a given place is in accordance with the local zoning plan and whether it does not require additional permits under environmental or cultural landscape protection regulations.

A shipping container can be erected on a plot of land “upon notification.” According to “temporary construction objects not permanently connected to the ground” – in accordance with Article 29 paragraph 1 point 7 of the Polish Construction Law. What does this mean in practice? It means that, according to the regulations, after notification to the District or City Council of the intention to place a container on a plot, the container will be allowed to stand there for 180 days.

After this time, we will be required to move it to another location. You can still use the same plot of land. However, you will have to report the re-erection of the container to the relevant authority. Note that from the moment of notification, the relevant authority has 30 days to object, if any, to the possibility of placing the container. For this reason, it is advisable to give such notice one month in advance. You should also check local regulations that may impose additional requirements. Guidelines for erecting containers may vary from region to region. If by the end of this period the authority does not object – we can be calm and put our container on the plot.

We remind you of the most important features of a temporary construction facility!

• The container will be used for a specified period of time.
• The design allows it to be moved to another location.
• A shipping container on a plot of land is not permanently attached to the ground.If a container on a plot of land meets these conditions, it can be considered a temporary structure, and then a notification to the relevant authority may suffice. Such a solution works not only for container cottages, but also when you are planning, for example, a garage from containers, a gym, a warehouse, a container office, or a workshop from shipping containers – quickly, functionally and without unnecessary formalities.

Container on the construction site

Sanitary, welfare or storage containers on a construction site, constituting its facilities, do not require a building permit. However, if they serve other purposes and are permanently connected to the land, their construction requires a construction permit. The provision we can find in Article 29(2)(21) of the Construction Law reads as follows:

“It does not require a building permit decision and notification for the construction of facilities intended for temporary use during the execution of construction work, located on the site, and the setting up of barracks used in the performance of construction work, geological surveys and surveying.”

All, of course, provided that all formalities are met in relation to the main investment!Nevertheless, it is worth acting in accordance with the current regulations to avoid possible penalties.

When is a permit required to build a container?

We will need a permit to erect a container primarily if:

• The container will be permanently tied to the ground, for example, on foundations,
• we intend to use it for more than 180 days with no intention of moving it to another location.

What is the penalty for putting up a container?

In most cases, a container can be erected on the basis of a notification. However, we must remember that its design must allow it to be moved to another location. The container must not be permanently connected to the ground, and the maximum time it can be used in one place is 180 days.

When creating container facilities for construction projects (such as a social barracks), it is not required to obtain a building permit and erect the container. In any other case, we will have to apply for a building permit. Putting up a container without a notification or permit may result in the container being considered an arbitrary construction project. In such a case, it may need to be legalized or removed immediately. Financial penalties for failing to comply with the formalities for erecting a container can range from a few to as much as tens or hundreds of thousands for arbitrary construction, so pay attention to getting everything right!