Today's article in the Tuesday Mornings for Construction series is dedicated to the next planned changes to construction law. The changes will be far-reaching, so it's worth examining their initial assumptions and direction. These changes are currently being developed by the Ministry of Development and Technology, where they are currently being reviewed. According to the government's announcements, the project is expected to be completed by the end of 2022.
1. Standardization of procedures for the construction of single-family houses.
The first major proposed change worth noting is an attempt to standardize the construction of detached single-family residential buildings. Under current law, their construction is possible based on a notification, provided the building area does not exceed 70 m², the impact area is entirely within the plot or plots on which they are designed, and the construction is carried out to meet the investor's own housing needs. Such a building can have no more than two stories.
The draft amendment to the Act, presented by the Ministry of Development and Technology, extends the possibility of building houses with a building area exceeding 70 m² based on a notification . However, the requirement to attach a design to the notification will remain in place, as will the appointment of a construction manager.
The project also envisages simplifying the acceptance procedure for such a building, under which the construction manager will be authorized to confirm the readiness of such a building.
2. Standalone wind farm without a building permit.
Further improvements will be made to the construction of freestanding wind farms. If the height does not exceed 3 meters, the construction will be exempt from the requirement to obtain a building permit and notification.
Based on the application, it will be possible to build a freestanding wind farm whose total height is greater than 3 meters and no greater than 12 meters, whose power does not exceed the capacity of a micro-installation, and whose distance from the plot boundaries is no less than the plot's total height. However, this will require the preparation of a site plan and an architectural and construction design, and during the implementation phase, a technical design and the involvement of a construction manager.
Similar changes will also cover the implementation of outlets to natural streams, the construction of rainwater or meltwater tanks with a capacity of more than 3 m3 and not more than 10 m3 , which will only require notification.
3. Introduction of the Construction Project Database.
As part of the amendment, the Ministry of Development and Technology also announces the creation of a Construction Project Database on the E-Budownictwo portal, where users will be able to find, among other things, plot or land development plans and technical designs. Ultimately, investors or designers will be able to add projects to the database, where a unique project number will be generated. Simply referencing the number assigned to the project entered in the database will be sufficient, eliminating the need to attach a copy of the construction project to applications, notifications, or notices submitted to the relevant authority.
Additionally, the project envisages the introduction of a uniform nationwide Administrative Proceedings Management System for Construction. It is also planned to introduce a fully electronic documentation flow within the construction sector and public administration. The method of delivering construction projects to offices will also be changed, with investors placing them on a virtual drive for use by officials.
4. Penalties for late issuance of demolition decisions.
It is also planned to regulate the issue of imposing penalties on architectural and construction administration bodies for late issuance of demolition permits. To this end, the current regulations regarding the registers of building permit applications and decisions will be clarified so that these registers also include applications and decisions regarding demolition. This will make it possible to determine whether an authority has missed the deadline for issuing a decision and whether there are grounds for imposing a penalty.
5. Extension of the principle of putting buildings into use based on notification of completion of construction.
Significant changes will also address the commissioning of buildings. The aim of the changes is to introduce a rule according to which buildings will be commissioned by means of a notification of completion of construction. This will limit the issuance of occupancy permits. They will be required when the building is to be put into use before all construction work is completed. At the same time, occupancy permits will be issued when the investor voluntarily applies for them, although obtaining such a decision is not required.
For single-family residential buildings and Category III buildings (e.g., summer houses, outbuildings, garages up to two spaces), the formal commissioning procedure will be excluded. Commissioning of such a building would occur upon the construction manager's submission of a declaration of completion and readiness to commence occupancy. However, before occupancy can begin, the documentation will need to be supplemented with a technical design, test reports and inspections of connections and installations ensuring the building is used for its intended purpose, geodetic documentation containing the results of a post-construction geodetic inventory, and information on the compliance of the building's location with the plot or land development plan, or any deviations from this plan.
6. Other changes provided for in the project.
Furthermore, the draft law also envisages increasing the professional liability of individuals performing independent technical functions in construction and reinstating construction appraisal as an independent technical function in construction. It also plans to reduce the participation of parties in proceedings conducted under the current law.
7. New ISO standard.
Apart from the upcoming changes, it is worth noting that the Polish Committee for Standardization has published a new standard PN – ISO 9836:2022-07, which, in accordance with the Regulation of the Minister of Development of September 11, 2020, on the detailed scope and form of a construction design, should be applied on the date of its publication, i.e. on July 18, 2022.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of November 21, 2022.
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