In today's article from the series "Tuesday Mornings for the Construction Industry," we present the most important changes in the amendment to the Building Law adopted by the Sejm on December 4, 2025 (Parliamentary Paper No. 1379, hereinafter referred to as the " Amendment "). The Sejm has already considered the Senate's amendments, and the bill will now be submitted to the President for signature.
The amendment once again streamlines definitions, changes administrative procedures, expands the catalogue of investments that do not require a building permit, introduces detailed regulations regarding energy storage facilities, and clarifies the obligations of the investor and construction supervision authorities during the implementation and completion stages of construction.
One of the significant changes is the introduction of new definitions and the clarification of existing concepts . The legislature decided, among other things, to define a residential building as a single-family residential building or a multi-family residential building. The definition of a multi-family residential building has also been clarified – as a building serving residential needs that is not a single-family residential building. A number of new definitions have also been added, including public utility building, collective housing building, shelter, farm building, and energy storage facility. A legal definition of a building plot has also been introduced, referring to Article 2, Section 12 of the Spatial Planning and Development Act. The amendments to Article 3 of the Building Law are intended to streamline the classification of buildings and reduce interpretational discrepancies, which in practice often led to procedural confusion.
The amendment also introduces the long-announced requirement to precisely formulate objections and provide evidence in appeals submitted to architectural and construction administration and supervisory authorities . Pursuant to the new Article 10b of the Construction Law, appeal documents must be factual and complete, and incorrect wording will require correction of deficiencies within a maximum of 14 days. The purpose of this regulation is to reduce the length of proceedings resulting from appeals that are vague, unfounded, or unsupported by evidence.
One practical change from the investor perspective is the revised list of facilities that do not require a building permit or notification. Legislators have expanded the list of investments eligible for simplified procedures to include, among others, certain public buildings with a usable area of up to 200 m², residential security structures with a usable area of up to 35 m², and telecommunications containers with an area of up to 35 m². The amendment also introduces detailed rules for the location of energy storage facilities with a capacity of 30 kWh to 2000 kWh, varying requirements depending on the scale of the installation. These changes are significant in the context of the development of distributed energy generation and the growing popularity of hybrid systems.
Regulations regarding construction completion and obtaining an occupancy permit have also been changed. The amendment stipulates that obtaining approvals from the State Sanitary Inspectorate and the State Fire Service will only be required if the construction design required prior approval from these bodies. The scope of declarations submitted by the investor and the rules for verification of the technical design by construction supervision authorities have also been clarified.
It is worth noting that the Amendment also expands the application of simplified legalisation procedures, which in many cases may significantly improve the process of bringing an investment into compliance with the law.
One of the most interesting and practical changes is the addition of Article 51a of the Construction Law, known as the "yellow card" mechanism. This provision introduces a new construction supervision instrument that allows the authority to quickly respond to suspicions of improper construction work. Under the new Article 51a, the authority will be able to request the investor to remedy any identified deficiencies in situations where work is being conducted contrary to the permit, design, or regulations, but the scale of the violations does not yet justify suspending the work. This is a preventative measure, allowing for the rapid elimination of errors without having to halt the entire project.
In the notice, the authority will set a deadline for compliance – no longer than 60 days. Information about the notice will be recorded in the inspection report and in the construction logbook by the supervisory authority. Failure to comply may result in suspension of work (Article 50), a demolition order (Article 50a), or the application of other obligations provided for in Article 51 of the Construction Law.
The amendment also sets a cutoff date after which the construction logbook can be maintained exclusively in electronic form . Paper logbooks are to be issued no later than December 31, 2031.
Updated sanctions have also been introduced for owners and managers of buildings , due to the repeal of the previous wording of Article 91a following the Constitutional Tribunal's judgment of February 9, 2021 (reference number P 15/17). The amended provision provides for criminal sanctions for failure to meet obligations related to: maintaining the building in proper technical condition, using the building in accordance with its intended purpose and environmental protection requirements, and ensuring the safe use of the building. Violation of these obligations may result in a fine of no less than 100 daily rates, restriction of liberty, or imprisonment for up to one year.
In summary , the amendment to the Construction Law of December 4, 2025, introduces a number of significant changes intended to streamline regulations, streamline administrative processes, expand the list of investments covered by simplified procedures, and adapt the law to contemporary technological and energy challenges. In practice, this means both new opportunities for investors and additional obligations for participants in the construction process.
In reference to our previous articles, we would also like to provide you with information about their status:
Portal Home – The amending act has been signed by the President and published in the Journal of Laws. It is scheduled to enter into force on April 2, 2027.
More on this topic: #280 “DOM Portal” – new transparency of prices on the real estate market .
Amendments to the Spatial Planning and Development Act – the amending act has been signed by the President and published in the Journal of Laws. It enters into force today – December 9, 2025.
More on this topic: #281 Changes in the law – November 2025
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 8, 2025
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