In today's article, as a continuation of the topic of digitization of Construction Law, we will discuss the Electronic Construction Log. The amendment enabling the creation and maintenance of a construction log in electronic (digital) form ("c-KOB") entered into force on January 1, 2023.
C-KOB is undoubtedly a new development in Polish construction law. The General Office of Building Control (GUNB) is responsible for its implementation. In February of last year, it signed a contract for the implementation of the c-KOB system. The application is available at https://c-kob.gunb.gov.pl .
According to the current wording of the regulations, the traditional paper book of a construction object will be valid until 31 December 2026, however, GUNB already encourages keeping two books in parallel, which is definitely intended to facilitate and enable full familiarization with the c-KOB system by users and authorities.
Pursuant to Article 60a of the Construction Law, c-KOB is an application in which the owner or manager makes entries regarding: (i) information about the building, (ii) information about the owners and managers of the building, (iii) information about inspections performed, (iv) expert opinions and technical opinions regarding the building, (v) construction works related to the building after its commissioning, (vi) construction disasters, (vii) decisions, resolutions, certificates, and other documents issued by public administration bodies regarding the building. In addition to making entries, this system will store data for 10 years from the date the building logbook is closed.
Pursuant to Article 60b of the Construction Law, an electronic building log book will not be required for investments such as: (i) single-family residential buildings, (ii) garages and outbuildings in single-family developments, (iii) farm and summer cottage buildings, (iv) buildings that do not require a permit but only a notification, excluding gas networks, (v) roads or bridge structures for which a road log book or a bridge structure log book is kept.
We would like to point out that every owner, manager, or person designated to maintain the building logbook who chooses to maintain the building logbook electronically and make entries therein will be required to create an account in the c-KOB system . Access to the account will be possible through a Trusted Profile, online banking, or e-ID. Everyone who uses this system will receive a unique c-KOB number. During registration, the following information will be required: (i) information about the owner or manager of the building; (ii) information about the individual acting on behalf of the owner or manager; (iii) information about the building; (iv) a document confirming the legal title of the owner or manager to the building.
Please note that certain authorities will be able to apply for temporary or permanent access to the c-KOB system. Temporary access will be granted by the Chief Inspector of Building Supervision, building supervision authorities, and building owners and managers. This access may be for inspections or rescue operations. Permanent access will be granted by the Chief Inspector of Building Supervision – to all or some of the building's records.
It's also important to note that if a building is sold, the previous owner or manager is obligated to transfer the building log book electronically to the new owner or manager. This transfer will take place via the c-KOB system. Failure to do so will result in a fine for the previous owner or manager.
In summary, we believe that the digitalization of Construction Law is a very positive direction for changes to building regulations. The c-KOB system will significantly facilitate access to building documentation, enable full control by the owner or manager, and enable automated entry. Without a doubt, a major advantage of this system is its complete user interaction with all documentation.
In the next article, we will continue with the topic of digitization of Construction Law and this time we will present you the most important aspects of the Electronic Construction Log.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 24, 2023
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