This week, we've prepared a topic for you about pro-ecological solutions in the amendment to the Building Law. We'd like to remind you that as of January 1, 2020, the obligation to connect buildings to the district heating network, whenever technically and economically feasible, came into effect. This obligation supports the implementation of the "Clean Air" program.
Environmental protection law places a primary emphasis on monitoring the impact of air pollution on ecosystems. The legislative concept in this area is primarily aimed at reducing the use of solid fuels, coal, and wood for heating purposes. The aim of these changes is to limit emissions of harmful substances into the atmosphere and, consequently, reduce smog levels.
The amendment will primarily impact entities planning to build a new home. Investors applying for a building permit will be required to attach an additional designer's declaration to their application. Pursuant to the amended Article 33, Section 2, Item 10 of the Building Law, a designer's declaration regarding the feasibility of connecting the proposed building to the existing heating network must be attached to the building permit application. Furthermore, the designer submitting the declaration is required to include the following clause: "I am aware of criminal liability for submitting a false declaration." This clause replaces the authority's warning about criminal liability for submitting false declarations. Individuals planning to install an ecological heat source in their building with parameters specified in the Act will be exempt from this obligation.
The introduction of the requirement to connect buildings to the district heating network, whenever technically and economically feasible, also influenced the amendment to the Building Law, as the amending act introduced relevant changes to the Energy Law. Pursuant to the amended Article 7, Section 8g 3 of the Energy Law, an energy company involved in the transmission or distribution of heat will be required to issue connection conditions within:
- 30 days from the date of submission of the application – in the event that heating substations supplying heat recipients’ facilities are to be connected to the heating network and in the event that the installation in the recipient’s facility is to be connected to the external receiving installation behind the group substation belonging to the energy company;
- 3 months – in the event that heat sources are to be connected to the heating network.
The deadlines for issuing grid connection conditions will not include deadlines stipulated in legal provisions for carrying out specific activities, deadlines for supplementing the application for issuing grid connection conditions, periods of delay caused by the fault of the entity applying for connection or for reasons beyond the control of the energy company.
Importantly, during the validity period, the connection conditions constitute a conditional obligation of the energy company dealing with heat distribution to conclude an agreement for connection to the heating network.
It seems that the amendment could positively impact not only the implementation of the "Clean Air" program but also the greater adoption of environmentally friendly solutions in construction. However, we expect that in practice, some questions will undoubtedly arise, and we are always ready to help you clarify them.
We invite you to follow our articles regularly: last week we wrote about the introduction of a maximum five-year period for declaring a building permit invalid , and next week we will indicate how the conditions for connecting to the network (not only the heating network) will change.
We'd also like to invite you to our next webinar, which will take place on Tuesday, September 1, 2020, at 10:00 a.m. Due to the upcoming amendment to the Construction Law, we'd like to dedicate our next online training session to this topic as part of the Warsaw Business Breakfast, organized by our firm. Details coming soon!
Download the table containing the changes
This material is for informational purposes only and does not constitute legal advice.
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