This is the last alert before the amendment to the Construction Law comes into effect on Saturday. This week, we decided to address the issue of illegal use of buildings, defining the procedures and inspections by construction supervision authorities, as well as the penalties that may be imposed for illegal use of buildings.

As we point out in our series "Tuesday Mornings for Construction Workers," the Act of February 13, 2020, amending the Building Law, introduces a number of solutions aimed at facilitating and accelerating the investment and construction process. The same applies to the procedure for penalizing illegal use of a building.

Under current law, the authority imposed a single fine on an investor who commenced use of a building in violation of building regulations. However, the investor could continue to use the building; they only had to pay the imposed fine. After the changes came into effect, the building supervision authority could impose fines repeatedly, effectively indefinitely, if the illegal use of the building continued. Subsequent fines could be imposed every 30 days, with a maximum fine of half the amount of the initial fine.

However, the new regulations give investors more time to complete any neglected formalities. First, the construction supervisor will have to issue a warning and only impose a penalty after 60 days—the so-called yellow card procedure.

The procedure will therefore look as follows:

1. The use of a building structure for which a building permit or a construction notification is required may commence, subject to Articles 55 and 57 of the Building Law, after notifying the building supervision authority of the completion of construction, if that authority does not raise an objection by way of a decision within 14 days of the date of delivery of the notification;
2. Before commencing the use of a building, an occupancy permit must be obtained – if it is found that the building or part thereof is being used in violation of the provisions of Article 54 and Article 55, the construction supervision authority will instruct the investor or owner that the building cannot be used without obtaining an occupancy permit or providing effective notification of completion of construction works (the instruction will constitute an entry in the inspection report; in the absence of an entry, the investor will be informed in writing);
3. The construction supervision authority, after 60 days from the date of delivery of the notice, will check whether the building or part thereof is still used in violation of Articles 54 and 55 of the Building Law;
4. If the unlawful use is not stopped, the construction supervision authority will, by way of a decision, impose a penalty for illegal use of the building;
5. After 30 days from the date of delivery of the decision referred to above, the construction supervision authority will once again check whether the building or part thereof is still used in violation of the provisions of Articles 54 and 55 of the Construction Law;
6. If the construction supervision authority finds that the building or part thereof is being used in violation of the provisions of Article 54 and Article 55 of the Building Law, despite the issuance of the decision referred to above, it shall again impose a penalty for illegal use of the building by way of a decision;
7. This decision may be issued repeatedly, but the next decision may not be issued earlier than 30 days after the date of the previous decision.

The new regulations also introduce legal liability for both investors building the facility and its subsequent owners.

Investors will be able to file an appeal against any decision imposing a penalty within seven days of its delivery. Failure to pay the penalty will result in its collection through administrative enforcement proceedings.

We're pleased you've been with us for the past 15 weeks, as we've outlined the latest developments in the Construction Law. We hope our alerts have helped you understand the comprehensive changes to the Construction Law. Of course, the road ahead remains clear – we'll continue to monitor and respond to the practical application of the law.

Therefore, we are not ending our series and we will continue to prepare alerts for you related to the Construction Law – its subsequent amendments and its application by both administrative bodies and administrative courts.

Download the table containing the changes

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

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Dr. Joanna Barzykowska

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