New obligations for property owners

On 9 April 2025, an amendment to the Aviation Law came into force, which introduced the obligation to notify the Minister of National Defence of building object with a height equal to or greater than 50 m but less than 100 m, unless they were entered in the register of air obstacles. Prior to the entry into force of the amendment, the legislation imposed an obligation to notify the President of the Civil Aviation Authority, the Minister of National Defence and the minister responsible for internal affairs, within the scope of their jurisdiction, of air obstacles, understood as, inter alia, objects with heights of 100 m or more or higher than the heights defined by the designated obstacle limitation surfaces, and objects which were not air obstacles within the meaning of the Act were not subject to notification to the respective authorities.

According to the amendment, the notification of a building object should be made no later than 2 months before the date on which the object reaches a height of 50 m or higher in order for the Minister of National Defence to assess the impact of the notified object on air operations planned by the Polish Armed Forces.

The notification of the facility should also indicate the expected date of completion of the construction of the facility and the expected date on which the facility will reach a height of more than 50 m. The provision of the above information is necessary due to the possibility of possible recognition by the Minister of National Defence as an aviation obstacle due to potential danger to aircraft.

The notification of a building object must be submitted by the owner or perpetual usufructuary of the real estate, person who has limited rights in rem to the real estate or the property manager of the real estate.