As previously announced, we have finally reached the topic of digitalization in Construction Law, and today's alert will discuss issues related to this process. The primary goal of this process is to enable the submission of applications and conduct of proceedings online. It should be noted that the changes to the Construction Law discussed below are not yet in force. The draft bill is still being considered in the Sejm.
It's hard for anyone to imagine not only working, but also living without the internet these days. The need for electronic communication with government offices has increased significantly during the pandemic. Unfortunately, this isn't the first time (and likely won't be the last) that the law hasn't kept pace with the needs of practice. Therefore, the steps taken since August 2020 to introduce changes to the Construction Law should be welcomed. The primary goal is to enable investors and other participants in the construction process to submit applications , including building permit applications along with construction designs, electronically . This solution is intended to streamline the entire construction process (not just during the pandemic).
Moreover, as part of the digitization of the investment and construction process, it is planned to introduce an Electronic Construction Log , create a new electronic central register of persons who have construction licenses (e-CRUB), as well as create a Central Register of Building Emissions (CEEB).
The authorities responsible for implementing the digitization of the construction process at the central level are primarily the Ministry of Development, Technology, and Labor and the General Office of Building Control . To date, not only has a draft law amendment been prepared, but work is also underway on the operation of an IT system that will enable electronic communication with the office. To this end, the GUNB is conducting a pilot program in 17 district offices (starostwo), where electronic applications can be submitted. This is a way to test the system's capabilities, and hopefully, most issues will be resolved before the regulations come into effect. It's worth monitoring updates on the website https://e-budownictwo.gunb.gov.pl/ , where, ultimately, it will be possible to create an investor account and track all applications, regardless of the jurisdiction of the office.
This brings us to a crucial point in the process: local architectural and construction administration authorities, which will gain a legal basis for accepting applications and conducting proceedings electronically . Applying and interpreting the new regulations will undoubtedly be a challenge. Therefore, appropriate training for officials will be necessary in this regard, so that the goal of "streamlining and accelerating" the investment process can be practically achieved. The introduction of digitalization in construction proceedings will also depend on the technical capabilities of specific offices. It is important to remember that authorities are obligated to ensure active participation of the parties in the proceedings, including those wishing to participate without electronic communication and those wishing to access case files at the office's headquarters. In our opinion, this will require time, which will exceed the vacatio legis of the new regulations.
Turning to the changes to the Building Law, it is important to note that the draft amendments submitted to the Sejm at the turn of July and August 2020 have not yet entered into force. On October 28, 2020, the Sejm adopted the Act Amending Certain Acts Supporting Housing Development (the "Act"), which contains the proposed provisions. The Act was only passed by the Senate with amendments at the end of November, and as of the date of this alert, work is ongoing and is being considered by the Sejm Committees: Infrastructure and Local Government and Regional Policy. The next session of the Sejm is scheduled for December 9 and 10, and the agenda indicates that committee reports on the Act may be considered. The next session is also scheduled for December 15-17, so it cannot be ruled out that the Act will be adopted by the Sejm later this year . We will certainly keep you updated.
In summary, the digitization of the investment and construction process will result in the development of solutions enabling the online execution of many activities specified in the Construction Law. Consequently, the entire construction process has the potential to be more efficient than before. This is particularly true when we also consider changes to the Planning and Development Act and the Geodetic and Cartographic Law , as we have already discussed.
Continuing this theme, next Tuesday we will present a list of applications that will be available for electronic submission after the planned changes to the Construction Law come into force. We hope to be able to write about changes adopted by Parliament, not just those being proposed.
This alert is for informational purposes only and does not constitute legal advice.
author/editor of the series:
