In today's article from the series "Tuesday Mornings for Construction Professionals," we would like to introduce you to the changes to Construction Law introduced by the Act of December 4, 2025, amending the Building Law and certain other acts (the "Amending Act"). The Amending Act generally entered into force on January 7, 2026.
Changes in definitions
The amending act introduces numerous significant changes to the investment process. It introduces, among other things, definitions of residential buildings and public buildings. These definitional changes will come into effect on September 20, 2026.
Changes to the catalogue of investments requiring permits or notifications
The amending act also changed the list of investments requiring a building permit and notification. As of January 7, 2026, a building permit will no longer be required, but the construction of, among others, (i) detached, no more than two-story public buildings with a usable area of no more than 200 m² , whose impact area is entirely within the plot or plots on which they were designed, or (ii) detached, home security structures with a usable area of up to 35 m² intended to protect the occupants of a single-family residential building, together with the installations and connections necessary for their use, whose impact area is entirely within the plot or plots on which they were designed, or detached, home security structures with a usable area of up to 35 m² intended to protect the occupants of a single-family residential building, together with the installations and connections necessary for their use, whose impact area is entirely within the plot or plots on which they were designed.
Justification of appeals
One of the biggest changes introduced by the Amending Act is the new requirements for appeals and complaints filed in proceedings conducted under the Building Law, Article 10b of the Building Law entered into force on January 7, 2026. According to the new provision, an appeal against a decision or complaint against a resolution issued under the Building Law will be required to include objections to the decision or resolution in question, the scope of the request that is the subject of the appeal or complaint, and a statement of evidence supporting the request . If the appeal or complaint does not meet these requirements, the authority will request the applicant to rectify the deficiencies within a specified period of no less than seven days, instructing the applicant that failure to rectify the deficiencies will result in the application not being considered. The authority will be obligated to request the rectification of the deficiencies no later than 14 days from the date of receipt of the appeal or complaint.
Transitional provisions are also important. According to them, of the Building Law , as amended by the Amending Act, shall apply to a building project in respect of which, before the date of entry into force of the Amending Act, (i) an application for a building permit , an application for a separate decision approving a plot or land development plan and an architectural and construction design, or an application to amend a building permit has been submitted and not reviewed; (ii) a notification of construction or performance of other construction works has been submitted where a building permit is not required; and to which the architectural and construction administration authority has not raised an objection or the deadline for filing an objection has not expired the provisions of the Building Law, as amended by the Amending Act , shall apply to matters referred to in Article 50, Section 6 and Article 86, Section 1 of the Building Law, initiated and not completed before the date of entry into force of the Amending Act.
In summary , the new Article 10b of the Construction Law introduces significant changes to the appeals and grievances system. From the investor's perspective, it is crucial that general appeals and grievances, filed solely to prolong the proceedings, will be much easier to resolve. At the same time, investors must be aware that their own appeals will require greater diligence and substantive preparation. Failure to meet the new formal requirements will result in a request to rectify the deficiencies, and if these are not rectified, the appeal or grievance will be left unprocessed, requiring careful preparation from the initial submission stage. On the other hand, the provision is designed so that the authorities will have the opportunity to interpret it anyway, so only practice will show whether the purpose of this amendment will be achieved and with what effect.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 19, 2026.
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