On November 3, 2020, the President of the Republic of Poland signed the Act of October 28, 2020, amending certain acts in connection with counteracting crisis situations related to the occurrence of COVID-19. The amendment, among other things, introduced changes to the regulations regarding the conduct of construction investments in connection with preventing or combating the epidemic.
Pursuant to the amended Article 46c of the Act on the Prevention and Combating of Infections and Infectious Diseases in Humans the number of obligations that must be met in order to carry out such an investment has been limited for investors required to comply with public procurement regulations and planning investments related to preventing or combating an epidemic in an area where a state of epidemic threat or epidemic status has been declared . After the Act enters into force (as of November 12, 2020, it has not yet been published in the Journal of Laws), those planning such an investment will not be obliged to:
– application of public procurement regulations,
– obtaining an opinion on the advisability of the investment in accordance with Article 95d paragraph 1 of the Act of 27 August 2004 on health care services financed from public funds in a situation where the investment involves the construction of: a new healthcare facility, a new organizational unit or cell of a healthcare facility or another investment concerning the performance of medical activities consisting in the provision of healthcare services,
– fulfillment of the obligations specified in the provisions of the Regulation on the detailed method and procedure for financing investments from the state budget of 2 December 2010 with regard to the possibility of co-financing or financing investments from state budget funds within the scope of the investor’s obligations regarding: (i) agreeing on the investment program; (ii) analyzing the advisability and feasibility of implementing the investment in stages, (iii) presenting estimates which show that the planned amounts of funds from all sources for financing the investment throughout its implementation period are determined in an amount enabling the investor to timely settle financial obligations and complete the investment on time.
The current Article 46c, Section 3 of the Act clearly specifies which entities may implement investments without complying with, among others, the provisions of the Construction Law, the Spatial Planning and Development Act, and the Act on the Protection and Care of Monuments. These are:
– entities performing medical activities or
– other entities in connection with the implementation of tasks covered by the obligation or order issued on the basis of Article 10d or Article 11h of the Act of 2 March 2020 on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them, which may include, among others, local government units, state legal entities or research institutions.
In each case, these investments must be undertaken in connection with counteracting the epidemic, and any deviation from the relevant regulations is subject to prior consent from the voivode.
Moreover, the performance of construction works by the above-mentioned entities and the change of the manner of use of a building or part thereof in connection with counteracting the epidemic at the time of entry into force of the amendment require immediate notification of the architectural and construction administration body and provision of the following information:
- the type, scope and method of carrying out construction works and their commencement date – in the case of construction works,
- the current and intended use of the building or part thereof – in the event of a change in use.
In a situation where the performance of the works referred to above may pose a threat to human life or health, the architectural and construction administration body, by way of a decision subject to immediate execution, shall immediately establish requirements for the necessary safeguards for their performance.
Moreover, with respect to works constituting an investment for which a building permit is required under the Building Law, the investor will be obligated to ensure that the works are managed and supervised by a person with construction qualifications in the relevant specialties, in accordance with the applicable provisions of law. Therefore, in this respect, the provisions of Building Law will continue to apply.
The purpose of these changes is to facilitate the implementation of investments related to counteracting COVID-19 by entities specifically defined in this provision. These provisions will not apply to private entities, including entrepreneurs, unless they conduct medical activities.
This alert is for informational purposes only and does not constitute legal advice.
