Millions of private property owners in Poland can yet relax. A real revolution is coming in regulations that will put an end to the bureaucratic sea of logging on its own land. Government prepares changes to enter into force in 2025 and fundamentally change existing, frustrating procedures. No more months of waiting and uncertainty. A key novelty is the introduction of a mechanics "silent consent", which will make the deficiency of an official's decision within a specified time limit signify a green light for the owner. It is simply a breakthrough that Poles have been waiting for for years, giving yet a tool to fight the chronicity of administrative proceedings and allowing to manage their property more efficiently, especially erstwhile the tree is simply a real threat.
What is simply a revolutionary change? No more endless waiting
The heart of the forthcoming improvement is the introduction of a uniform and deadline for administration. The clerk will have the exact 35 days after submission of the application to submit a possible objection to the planned cut. If he does not do so at the time, the property owner automatically obtains the right to remove the tree. This is the alleged rule of silent consent, which shifts the burden of action from the citizen to the administration.
The current strategy is simply a real obstacle course. Currently, the authoritative has 21 days to inspect the tree and then another 14 days to rise a possible objection. In explanation it besides gives 35 days, but in practice the biggest problem is chronic deficiency of timeliness in conducting inspections. Officials frequently do not appear on the game within the prescribed time, which suspends the full procedure for an indefinite period and leaves the owner in suspension. The fresh government completely eliminates this problem. After 35 calendar days, whether the examination has taken place or not, the case shall be deemed to have been settled as the applicant intended.
"Silent consent" in practice. What does that mean for the land owner?
The introduction of a silent consent mechanics is, above all, a immense increase predictability and legal certainty for property owners. As of 2025, you will no longer gotta make dozens of calls to the office, asking about the position of the case. The procedure will become simple: you make a valid application and number 35 days. If you do not receive written objection, you can legally proceed.
This change is fundamental in respective aspects. First, it allows precise work planning on the property – from the construction of the fence, to the arrangement of the garden, to larger investments. Secondly, this is crucial to safety. In situations where a tree is damaged after a windstorm, sick or dangerously inclined above the building, the anticipation of fast action can prevent tragedy. The current rules frequently prevent immediate consequence and the fresh regulation will change that. The owner will be able to remove the threat much more rapidly without fearing the legal consequences of the self-cutting.
How to prepare for fresh regulations? A valid conclusion is key
In order to benefit full from the benefits of the fresh regulation, it will be essential to prepare decently for the application. Although the procedure is simplified, it does not relieve the owner of the work careful documentation of your request. The better prepared the proposal, the little chance that an authoritative will find grounds for objecting within a statutory 35-day deadline.
What should a complete application contain? It will be essential to:
- Exact identification trees (species, 5 cm trunk circumference).
- Readable map or sketch showing the location of the tree on the plot.
- Photographic documentationwhich illustrates the state of the tree and possible threat.
- Detailed reasons, why the tree must be removed (e.g. collision with the planned investment, mediocre phytosanitary status, safety threat).
It is besides worth considering joining Dendrologous opinion, especially in the case of large or old trees. specified a document, prepared by a specialist, will be a strong argument and will make it much harder for the body to question the validity of the cut. According to the government's schedule, the bill is expected to be adopted in the 3rd 4th of 2024, which means that the fresh law will most likely become applicable in mid-2025.
Does that mean full freedom? Restrictions and obligations inactive exist
It should be stressed that the introduction of silent consent does not mean complete liberalisation And approval to uncontrollable clipping. Offices will proceed to have the right and work to object if the removal of a tree would violate another regulations, specified as nature conservation. The opposition will be justified in the case of trees that are natural monuments, which grow in protected areas (e.g. scenery parks) or are of peculiar importance to the local ecosystem.
The fresh law besides does not exempt the owner from responsibility for the safe conduct of work. Cutting, especially large trees close buildings or power lines, is an operation requiring expertise and equipment. It is powerfully recommended to usage the services of professional arborist companies, which will guarantee that the full process is conducted safely and in accordance with art. The improvement aims to improve bureaucracy, not to abolish common sense principles of safety and protection of valuable green.
More here:
No more civilian servants. You'll cut a tree on the game without formal consent!
