The concept of habitat appears in a number of legal acts, but no of them introduces its legal definition. The case law of the courts has given substance to this concept. It should first be noted that the habitat parcel is an agricultural land. The site under the buildings of the farm shall be considered a habitat game . The habitat itself is not yet a farm but a part of it. In the ultimate Court case law, it was accepted that ‘The habitat parcel is simply a separate area of the agricultural holding intended for the establishment of a habitat (residential home, livestock buildings and agricultural buildings and a yard) to safeguard agricultural activity. The habitat parcel may be separated from 1 or more registered parcels of the farm afraid .’ In the case law, the function of habitat as ‘a private area on which a residential home is occupied, where the activities of the farmer and his household are concentrated and the essential needs of life are met’ . In short, it can be said that the habitat carries out 2 functions simultaneously: social and living, due to the fact that it provides the farmer with housing and economics, as agricultural buildings safe the operation of the full farm.
The concept of habitat is closely related to the concept "garden building". The government defines "garden building" as, among others, ‘households, farm buildings or livestock buildings in household farms, farms, farms or forestry farms’ . The farmstead is part of the habitat, covering everything on the surface of the habitat plot. In practice, habitat issues are most common in the context of building law. Pursuant to Article 29(1)(1) of the Act, the construction law complements the garden building by building ground-floor buildings with a level area of 35 m2, with a construction span of not more than 4,80 m, does not require a construction permit.
In case of completion of the homestead building, a notification to the competent authority is sufficient. Since the existence of a homestead building determines the existence of a habitat, a question arises about erstwhile we talk about a homestead building as such. The case-law assumes that a homestead exists even if there is even 1 of the buildings utilized as a farm. Normally, the construction of a homestead begins with the construction of a residential building – a house. It is followed by another buildings and equipment consisting of homestead construction. So the site on which the residential building itself is located can besides be located. In the case law, even the bolder thesis can be found, which states that for the land to be considered as a habitat, it is adequate for it to be built in connection with the holding.
In conclusion, we are dealing with a habitat game erstwhile it is built up with even 1 farm building. On the another hand, it is possible to talk about the completion of the homestead building as shortly as another (second in turn) building is built, which is the base for the farm. It is crucial that all buildings placed on a habitat parcel constitute a full functionally.
Author:
Piotr Włodawiec – Legal advisor / elder Partner
Source:
- See Regulation of the Minister of Regional improvement and Construction of 2 June 2001 on land and building records (Journal of Laws 2001 No. 38 item 454 with later amendments).
- Resolution of the ultimate Court of 15 December 1969, signature III CZP 12/69.
- ultimate Court resolution of 13 June 1984, signature III CZP 22/84.
- judgement of the NSA of 16 June 2015, signature II OSK 2717/13.
- judgement of 21 October 2009, Signature II SA/WR 215/09.
- See the Regulation of the Minister of Infrastructure of 12 April 2002 on the method conditions to be met by buildings and their location (Journal of Laws 2002 No 75 item 690 as amended).
- Act of 7 July 1994 on Construction Law (Journal of Laws 1994 No. 89 item 414 as amended).
- judgement of the WSA in Lublin of 25 January 2011, Signature II SA/Lu 811/10.
- judgement of the NSA of 2 February 2016, Signature I OSK 417/15.
