Last week, we announced the launch of a series on agricultural land investments. However, we will be examining this topic starting next Tuesday, as we have received additional questions from you regarding the Central Building Emissions Register (CEEB). To address your concerns, today we will focus on this new register, and we will write about agricultural land next week.
As we pointed out last week (#57), regulations regarding the obligation to submit declarations on heat sources and fuel combustion in all types of buildings came into force on July 1, 2021. The legal basis for this obligation can be found in chapters 5a and 5b of the Act of November 21, 2008, on supporting thermal modernization and renovation and on the central register of building emissions. CEEB is run by the minister responsible for construction, spatial planning and development, and housing, and in practice, information will be submitted to the system by the relevant municipalities.
The entities required to submit declarations are primarily owners . However, the act allows building managers, which will primarily apply to multi-family buildings, shopping malls, or warehouses, including those managed by specialized companies. It's also worth remembering that owners or managers of premises, if they have individual heat or fuel combustion sources (e.g., gas heaters or fireplaces in apartments), should also submit such a declaration independently (independently of the declaration submitted by the housing community manager). As the GUNB (General Directorate for Public Safety) indicates, in the case of joint ownership, it is sufficient for just one co-owner to submit a declaration for the entire building—and this declaration should cover all heat or fuel combustion sources.
The declaration must be submitted within 12 months for existing buildings, i.e., by June 30, 2022. This means that owners and managers of buildings used before July 1, 2021, have another year to meet these obligations. Information about the establishment of the CEEB is particularly important for buildings that will be put into use from July 2021, as the deadline is only 14 days from the date the heat source or fuel combustion is first turned on (as a rule, this will be the moment the occupancy permit is issued or the deadline for filing an objection to the submitted construction completion notification). The same 14-day deadline applies if there are changes in the type or number of heat sources or fuel combustion sources, as each such change requires updating by submitting a new declaration.
From a practical perspective, it's worth noting that the declaration can be submitted electronically or in paper form. A significant advantage is that the electronic declaration form is now available online through the Integrated Support System for Low Emission Reduction Policies and Programs (ZONE) at: https://zone.gunb.gov.pl/. Clicking the "submit declaration" icon will redirect you to the public services portal. After logging in, you'll gain access to the ZONE portal. Next, you need to "add a building" by providing the address, and then choose whether you want to complete Declaration A – for residential buildings and premises, or Declaration B – for non-residential buildings and premises. The declaration should be completed and then submitted using an electronic signature. Before starting, it's a good idea to prepare information about the heating types and their possible classes. If there are multiple sources, indicate all of them in the declaration. You can submit the paper version in person or send it to the appropriate municipal office.
It's worth noting that failure to submit a declaration is subject to criminal penalties. According to the regulations, failure to submit a declaration is punishable by a fine, imposed under the Code of Petty Offenses. Importantly, the same article provides for the possibility of applying the institution of active repentance, which allows for submitting a declaration after the deadline without imposing a fine – provided that the commune head, mayor, or city president has not previously been informed of the offense. This provision is primarily intended to encourage those required to submit the declaration, even if it is late (it appears that in practice, with many formalities related to permitting a building to be occupied, the 14-day deadline for this declaration may be exceeded).
For those of you who haven't heard yet, we're pleased to announce that the New Development Act was published in the Journal of Laws on June 30, 2021 (item 1177). This means its provisions will enter into force on July 1, 2022 – so mark that date in red on your calendar today.
This alert is for informational purposes only and does not constitute legal advice.
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