This week, we have prepared information for you regarding the digitization process in the Act of 17 May 1989 – Geodetic and Cartographic Law ("Act"). The issues discussed below were introduced pursuant to the Act of 16 April 2020 amending the Geodetic and Cartographic Law and certain other acts. It is therefore reasonable to conclude that the changes aimed at digitizing "geodesy" were introduced regardless of the prevailing epidemic situation and the search for alternatives to direct contact with administrative authorities.

First of all, it's worth recalling that since 2010, databases covering spatial data sets of the spatial information infrastructure have been established and maintained in the IT system for the entire country. Since 2008, the geoportal.gov.pl , providing free access to spatial data. Its scope and functionality are gradually expanding, supported by the amendment discussed above, which expands the catalog of data from the Central Geodetic and Cartographic Resources, which will be available free of charge and online through the geoportal.

When considering issues related to digitization, we recommend that you familiarize yourself with the implementing regulations, including the Regulation of the Minister of Development of August 18, 2020, on technical standards for performing geodetic situational and elevation measurements and for developing and transmitting the results of these measurements to the State Geodetic and Cartographic Resource ("Regulation") and the Regulation of the Minister of Development of July 28, 2020, on templates for applications for access to materials from the state geodetic and cartographic resource, licenses and the Fee Calculation Document, as well as the procedure for issuing licenses. These regulations specify, among other things, new fee rates and introduce new application templates , which can be downloaded electronically at: http://www.gugik.gov.pl/bip/prawo/rozporzadzenia/udostepnianie-zasobu .

Turning to the amendment, we note that new definitions at the Act level, such as "surveying activities for construction purposes," "maps for design purposes," and "post-construction survey of construction structures." You can check what is meant by these terms in Article 2, paragraphs 2a, 7a, and 7b of the Act.

We also want to highlight several new opportunities related to the digitalization process in geodesy. Regulations have been introduced regarding the preparation and submission of reported geodetic work results and maps for design purposes (DWG or DXF format) . Furthermore, surveying contractors have gained the right to independently submit a declaration of positive verification results for documents created at the investor's request, i.e., (a) geodetic as-built inventory of buildings and maps for design purposes. Such certification is equivalent to an official certificate, previously issued only by authorities. The contractor submits this declaration under penalty of criminal liability.

The amendment to the Act introduced the requirement to prepare a post-construction geodetic inventory in electronic form . As a reminder, an inventory comprises all activities involving the performance of site and elevation measurements aimed at collecting current data on the spatial arrangement of development elements within the intended building area and preparing geodetic documentation containing the results of these measurements for inclusion in a database. This requirement includes the submission of technical reports in electronic form (in PDF file format, with data for database updates in GML format). This change came into effect on August 22, 2020, with the possibility of preparing reports under the current regulations being permitted until December 31, 2020. Furthermore, transitional provisions allow for the submission of this documentation in paper form, but no longer than December 31, 2021.

The amendment should also improve communication with the office through the use of electronic means of communication . Article 12b, paragraph 3a of the Act, requires authorities to notify the surveying contractor of the results of the verification report on the submitted work . The authority should provide this information via electronic means no later than the business day following the date the verification report is prepared. In turn, the new paragraph 5a of Article 28b of the Act allows district heads to organize coordination meetings regarding the location of planned utility networks, referred to in Article 28b, paragraph 1 of the Act, via electronic means of communication. These provisions undoubtedly open up the possibility of contacting the authority without the need for a personal visit to the office – even if only in narrowly defined matters.

The changes discussed above entered into force on July 31, 2020. It is worth remembering that the amending act and regulations contain a number of detailed transitional provisions that are worth checking. However, we would like to draw your attention to Article 16, paragraphs 2 and 3, which clarify what is meant by the phrase "cases initiated and not concluded before the date of entry into force of this act," which concerns the changes introduced to the Construction Law. They provide that:

“paragraph 2: initiation of a case shall be understood as: 1) filing an application for the issuance of an administrative decision or resolution; 2) filing a notification or notice; 3) initiation of proceedings ex officio by the construction supervision authority; 4) commencement of construction works – in the event that neither a building permit nor a notification of construction works is required for their commencement.

paragraph 3: the end of a case shall be understood as: 1) the issuance of a final decision or ruling by an authority; 2) failure to raise an objection to the notification or notice within the deadline; 3) completion of construction works – in the event that neither an occupancy permit nor a notice of completion of construction works is required to commence use of the building."

These issues raise doubts in the case of various amendments, therefore, in our opinion, it is worth remembering the content of Article 16 of the Act amending the Geodetic and Cartographic Law and, in case of doubts, referring to it when interpreting other transitional provisions.

In summary, the amendment to the Act introduced a number of changes that are certainly worth familiarizing yourself with, and are particularly essential reading for surveyors. Hopefully, the digitalization of this stage will be another step toward shortening the investment and construction process.

Next week's alert will be devoted to the changes currently being processed that are directly related to digitalization in the Construction Law.

By the way, we can now officially announce that our firm has become a supporting member of the Polish Association of Developers . We are very pleased and look forward to meeting you in this area as well.