The alert we've prepared for you this week concerns one of the most significant changes introduced by the amendment: the new form of the construction design. The legislator's primary goal was to reduce the number of documents submitted for building permit applications and expedite the processing of such applications.

In light of the new regulations, the construction project will consist of :

1. plot or area development project, which will include:
   
   1. determining the boundaries of a plot or area,
   2. location, outline and layout of existing and planned construction facilities, including utilities networks and construction equipment located outside the construction facility,
   3. method of discharging or treating sewage,
   4. communication system and greenery layout, with an indication of characteristic elements, dimensions, elevations and mutual distances of objects, in relation to the existing and planned development of neighbouring areas,
   5. information about the area of ​​influence of the facility;
2. architectural and construction design, which will include:
   
   1. the spatial layout and architectural form of existing and planned buildings,
   2. the intended use of the buildings, including the number of premises planned to be separated, with a detailed description of residential premises,
   3. characteristic technical parameters of buildings,
   4. geotechnical opinion and information on the method of foundation of the building,
   5. designed material and technical solutions that impact the surroundings, including the environment,
   6. ecological characteristics,
   7. information on the technical equipment of the building, including the planned heat source or sources for heating and preparation of domestic hot water,
   8. description of accessibility for disabled people,
   9. information on the minimum share of residential premises in the case of multi-family residential buildings,
   10. a decision granting consent to derogate from technical and construction regulations in particularly justified cases (if issued);
3. technical design, which will include:
   
   1. designed structural solutions of the facility along with the results of static and strength calculations,
   2. energy performance – in the case of buildings,
   3. necessary technical and material solutions designed,
   4. depending on the needs – geological-engineering documentation or geotechnical conditions for the foundation of buildings,
   5. other design studies.

Depending on the needs, it may be necessary to attach to the construction design a declaration from the relevant road administrator on the possibility of connecting the plot with the road, in accordance with the regulations on public roads (in the case of a national or regional road) and the obligation resulting from separate acts to attach opinions, agreements and permits (e.g. resulting from the provisions of the Act on the Protection of Monuments, Water Law, Nature Conservation Act).

Importantly, after the amendment, an application for a building permit will require three copies of the construction design, instead of four . By expediting the building permit procedure, the architectural and construction administration authority will be relieved of the obligation to evaluate the technical design, which is expected to translate into faster decision-making.

A very important change that residential developers should keep in mind is the introduction of the requirement to include in the architectural and construction design for multi-family residential buildings information on the number of units to be separated, along with an indication of the share of residential units . This requirement may pose problems if, during construction, one larger unit were to be divided into two separate units, or vice versa. However, this provision will make it easier for the authorities issuing the certificate of unit independence to verify the compliance of the completed units with the building permit, as required by Article 2, Section 1a of the Act of 24 June 1994 on Ownership of Units (Journal of Laws of 2020, item 532).

The amendment provides for approval of the plot or land development plan and the architectural and construction design at the stage of reviewing the building permit application. The third part of the construction design, the technical design, will be submitted to the construction supervision authority at the stage of submitting the application for an occupancy permit . The amendment also requires the construction design to be accompanied by annexes indicating the possession of appropriate building permits, as well as a declaration by the designer and the verifying designer that the design was prepared in accordance with applicable regulations and principles of technical knowledge.

This week, we invite you to visit our website, where we've posted a comprehensive comparison of the current and amended building design provisions. We hope you find it helpful in understanding the changes.

As usual, we invite you to follow our articles regularly: last week we wrote about what the legalization of unauthorized construction will look like after the changes , and in the next article you will learn when a technical design will be required.

Download the table containing the changes

This material is for informational purposes only and does not constitute legal advice.

author:

Patrick Grochowski

Attorney
+48 533 305 899 | p.grochowski@kglegal.pl

Dr. Joanna Barzykowska

Attorney, partner
+48 502 677 504 | j.barzykowska@kglegal.pl