Continuing our discussion of changes in Construction Law related to the digitalization of the investment and construction process, we would like to devote today's alert to two issues. First, we will highlight the regulations that will provide the legal basis for submitting construction designs electronically. Second, we would also like to highlight the possibility of designing with BIM technology.
Despite many demands, until recently, no one in the industry imagined that the Construction Law would be amended to allow for the submission of construction designs electronically. The very fact that these changes were not introduced in the amendment that entered into force on September 19, 2020, indicates that this was not planned. Meanwhile, due to the coronavirus epidemic, not only have restrictions been introduced on direct contact with offices, but all submitted documents must be "quarantined." Consequently, the need to streamline the construction process, particularly building permit procedures, prompted the legislature to adopt regulations enabling the submission of applications ( which we wrote about last week ) and designs electronically.
The legal basis for submitting construction designs electronically primarily comes down to amending two provisions of the Building Law. Article 33 of the Building Law amends paragraph 2, point 1, to state that a building permit application must be accompanied by, among other things, "a plot or land development plan and an architectural and construction design in paper (3 copies) or electronic , and that the application must be accompanied by opinions, approvals, permits, and other documents required to be attached under separate acts, or copies of such opinions, approvals, permits, and other documents ." Instead of originals, copies of documents such as the decision on development and land development conditions, the urban planning agreement, or the designer's declaration regarding the possibility of connecting to a heating network (amended Article 33, paragraph 2b of the Building Law) will also be permitted.
The second change concerns Art. 34 of the Building Law, to which two new paragraphs have been added. Pursuant to paragraph 3f, " A construction design , including a plot or land development design, an architectural and construction design, and a technical design, shall be prepared in : 1) paper or 2) electronic ." Paragraph 4b, in turn, states that "if a plot or land development design and an architectural and construction design are prepared in electronic form, approval consists of affixing a qualified electronic signature to the designs of the body approving the design. The approved design shall be forwarded to the investor ."
These regulations will not enter into force until six months after the publication of the Act of October 28, 2020, amending certain acts supporting housing development. As promised, we are closely monitoring its status. The Act was signed by the President on December 18, 2020, and is awaiting publication, which is expected in the coming days. However, the practical applicability of these regulations, particularly given the technical capacity of the GUNB system and the network of individual offices, is difficult to predict.
While discussing electronic construction design, we'd like to mention BIM design. This acronym can be expanded to: (i) Building Information Modeling (BIM) or (ii) Building Information Management (BIM). In practice, BIM is a collaboration mechanism designed to simplify communication and information exchange between all participants in the investment process: from the investor and designer, through the official and contractor, to the building manager. This technology is used throughout the entire building lifecycle.
BIM is already being used in many commercial projects. Furthermore, the Ministry of Development, Labor, and Technology is at a relatively advanced stage of developing a set of BIM documents for use in public procurement. It therefore seems that the widespread use of BIM design technology, including in residential construction, is only a matter of time.
As part of our collaboration, we asked architect Celestyna Kura, the BIM coordinator, about the benefits of using this technology in design. She highlighted the following:
- Reduced time and cost of construction projects – this stems from the ability to prepare variants of individual urban and structural solutions, as well as energy and environmental analyses, from the very first stages of the project. This is a significant benefit, as it will have a real impact on the facility's energy cost estimation and optimization. Using BIM also allows for the automation of some design tasks and the faster implementation of any changes. In a 2D drawing system, a single change is applied to multiple drawings, resulting in a high probability of errors. In a BIM model, changes are applied once, and the drawings are generated automatically.
- Effective interdisciplinary coordination reduces the number of conflicts before construction begins. By maintaining appropriate prioritization of design elements, designers maintain a constant overview of other disciplines;
- Creating more accurate schedules and cost estimates – these can be used to optimize equipment needs, material storage, and subcontractor work. They also reduce costs resulting from downtime or budget miscalculations.
- ensuring a uniform source of information – BIM assumes the use of communication using CDE, i.e. Common Data Environment, which allows all participants of the investment process to access the BIM model and all documents related to the object at appropriate access levels (although this option is independent of BIM itself);
- During the management and operation phase, access is gained to a digital version of the facility's data , including catalog data, repair history, failure history, and inspections of general construction, sanitary, and health and safety equipment. Consequently, this enables continuous optimization of facility maintenance costs. Interestingly, this is also possible for existing facilities, where an inventory must be conducted (e.g., using laser scanning) and an accurate 3D model created based on the point cloud.
The end of the year is a good time to prepare various balance sheets. Therefore, next week we will prepare a brief summary of changes to Construction Law and other regulations that occurred in 2020.
As the Christmas and New Year break approaches, we wish you a warm and healthy Christmas. Days filled with love and warmth that will allow you to draw joy and energy for the coming months.
On behalf of all partners and employees of the Graś i Wspólnicy Law Firm – All the best!
This alert is for informational purposes only and does not constitute legal advice.
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