The amendment to the Building Law received much attention during the legislative process. However, its publication on March 18, 2020 (Journal of Laws 2020, item 471) coincided with the declaration of a state of epidemic threat and subsequent steps taken by the authorities in connection with COVID-19. At this point, however, it is worth revisiting these issues to prepare for its entry into force, as many of the introduced solutions will significantly impact the construction process.
In the first of a series of alerts in which we will present further issues related to the amendment to the Construction Law, we will discuss the time horizon in which the changes will be introduced and what should be prepared for first.
The fundamental part of the amendment will enter into force six months after its announcement, i.e., on September 19, 2020. Despite difficulties related to the COVID-19 epidemic, the legislature decided not to extend the vacatio legis or postpone its entry into force. This need was signaled by, among others, the Polish Chamber of Civil Engineers, which pointed to difficulties in conducting training for its members on the introduced changes. The Ministry of Development indicated that, because the amendment abolishes the requirement to obtain a building permit for certain construction projects, many investors are currently awaiting its entry into force, and therefore, postponing this date would be inappropriate.
With the entry into force of the amendment, most of the amended provisions will come into force, including those liberalizing the obligations to obtain building permits, the need to submit notifications, and the new model for the legalization of unauthorized construction.
The next deadlines to keep in mind are those related to the most revolutionary changes, namely the new division of the construction design . The introductory provisions stipulate that for a further 12 months from the date the amendment comes into force, i.e., until September 19, 2021, the investor will be able to submit a construction design, along with (1) an application for a building permit, (2) an application for approval of the construction design, or (3) a construction notification, under the terms in force before the amendment . After this deadline, the attachments to the application will have to comply with the amended Article 34 of the Construction Law.
The regulations regarding the deadlines within which companies distributing gas fuels will be obliged to issue connection conditions will enter into force on 19 March 2021 at the latest.
It is worth remembering the provisions in their current wording continue to apply to proceedings already initiated and not concluded before the date of entry into force of the amendment .
Such revolutionary changes to construction law will undoubtedly initially raise a number of concerns for both administrative bodies and investment process participants. Therefore, we encourage you to follow our series, as in subsequent articles we will provide a detailed discussion of the most significant changes introduced by the amendment.
And next Tuesday we will describe how the regulations introduced during the epidemic period have affected the provisions of the Construction Law.
Download the table containing the changes
This material is for informational purposes only and does not constitute legal advice.
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