On August 18, 2026, the Act of July 3, 2026, amending the Act on the preparation and implementation of investments in nuclear energy facilities and accompanying investments and certain other acts, was announced.
The amendment primarily encompasses the provisions of the so-called Special Nuclear Act, the Atomic Energy Law, and the Act on Environmental Impact Assessments. According to the justification, its goal is to streamline the process of preparing and implementing investments in nuclear energy facilities, taking into account nuclear and construction safety requirements.
Preliminary construction works
One of the most important changes is the introduction of the possibility of obtaining a building permit for preliminary construction works, even before the construction permit for.
The Act specifies a catalogue of works that can be performed in this procedure and divides them into two groups.
The first covers work that does not require the permission of the President of the National Atomic Energy Agency, including:
- earthworks, embankments and deep excavations,
- land drainage,
- construction of fire protection tanks and tanks for rainwater and meltwater,
- construction of construction facilities, including assembly areas, storage areas, concrete plants, workshops and warehouses,
- construction of roads and railway sidings,
- in certain cases – construction of a circulating water system.
The second group includes works requiring a permit from the President of the NAEA, in particular works related to the strengthening, waterproofing or stabilization of the ground under a nuclear power facility, foundation retaining structures and other works serving the foundation of the facility.
Voivode and President of the National Atomic Energy Agency – separate competences
The building permit for preliminary construction works is issued by the voivode.
If the application covers works that fall into a category requiring a permit from the President of the National Agricultural Advisory Board (NAEA), obtaining the permit is a condition for the issuance of a permit by the Voivode. A NAEA permit may also be submitted during the proceedings before the Voivode.
The President of the NAEA issues a permit after conducting an assessment specified in the Atomic Law, covering, among other things, nuclear safety, radiological protection, and physical protection, as well as requirements regarding the location, qualifications of persons performing the work, and securing financial resources.
The deadline for issuing a permit by the President of the NAEA is 9 months from the date of submission of the application along with the required documents, and the fee for its consideration is PLN 1.5 million.
New rules for investment staging
The amendment also expands the possibility of staging the construction of a nuclear power facility.
Article 33, Section 1 of the Building Law is excluded from the scope of this provision. This means that a building permit may also cover a part of the building project that cannot function independently for its intended purpose.
The justification for the amendment lists as examples of investment projects that can be implemented in stages, among others, the nuclear and turbine islands along with related facilities, submarine pipelines, the conventional part of the power plant, and employee housing facilities.
Possibility of conducting proceedings in parallel
The Act allows for the proceedings regarding a building permit for a nuclear power facility to be conducted in parallel with the proceedings regarding a building permit for preliminary construction works.
However, certain decisions still need to be obtained before a preliminary works permit can be applied for. The application must be accompanied by, among other things, an environmental permit and a decision on the investment location. Design documentation for the part of the project covered by the application is also required.
Occupancy permit
The amendment enables the issuance of an operating permit for part of a nuclear power facility.
A separate occupancy permit has also been introduced for preliminary construction works . This may also cover the non-building portion of the project covered by a prior building permit for preliminary construction works.
According to the justification, the new solutions are intended to increase the possibilities of phasing investments and enable the execution of certain works at an earlier stage of the investment process. The justification indicates that these solutions could shorten the investment and construction process by up to two years.
The Act was promulgated on August 18, 2026 and will enter into force on September 2, 2026.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 19 , 2026
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