Last week, we discussed the issues related to the planned changes to the Construction Law concerning digitalization. However, the legislative process for the Act of October 28, 2020, amending certain acts supporting housing development (the "Act") has not yet been completed. The Senate has proposed regulatory amendments, which, following the recommendations of the Local Government and Regional Policy Committee and the Infrastructure Committee, were adopted by the Sejm at its session on December 10, 2020. The Act will now be submitted to the President and only then published. Therefore, its entry into force should be only a matter of time.

That's why today we've prepared a list of applications you can submit electronically. Once the Act comes into force, you'll be able to submit 18 different applications or notifications electronically, as well as declarations of the right to use real estate for building purposes .

The Construction Law will introduce the possibility of submitting an application:

1. for authorization to grant consent to derogate from technical and construction regulations;
2. for a demolition permit;
3. for a building permit together with an attached plot or land development plan and an architectural and construction design in electronic form;
4. for issuing a separate decision approving a plot or land development plan or an architectural and construction plan;
5. to change the building permit;
6. for issuing a building permit for a temporary building;
7. for transfer of the decision on the building permit;
8. for the transfer of rights and obligations arising from the application;
9. to transfer the decision on the permit to resume construction works;
10. to issue a decision excluding the application of certain obligations to the construction manager;
11. to issue a decision on the necessity of entering an adjacent building, premises or the area of ​​an adjacent property;
12. to initiate simplified legalization proceedings;
13. for an occupancy permit.

What's more, you'll be able to:

14. notification of construction works (not requiring the attachment of designs);
15. demolition notifications;
16. notification of the intended date of commencement of construction works;
17. notice of completion of construction;
18. reporting a change in the use of a building or part of it.

The application, notification, and notification forms in bold above can now be completed online at e-budownictwo.gunb.gov.pl . It's also possible to create an account and save completed applications for later completion and submission. However, the completed form must still be printed and sent to the office by traditional mail. We hope that it will soon be possible to complete it online, sign it using a trusted profile, and then submit it electronically to the office.

Please note that the e-construction website and its functionalities are still under construction. And, as it turns out, not all features are always available. For example, just last week, you could create an account on the portal and complete the applications we mentioned above, but on Monday, December 14, 2020, the login function disappeared, and only nine applications and a declaration of property disposal for construction purposes can be completed online. Therefore, we recommend caution and saving applications to your computer's hard drives.

The transitional provisions are also noteworthy. In this regard, we would like to point out that most applications can be submitted electronically 30 days after the Act's publication. However, the applications listed below will only be submitted after 6 months:

1. application for authorization to grant consent to derogate from technical and construction regulations;
2. application for a building permit together with the construction design in electronic form;
3. application to amend a building permit;
4. application for a building permit for a temporary building;
5. application to initiate simplified legalization proceedings;
6. notification of completion of construction of a building or an application for an occupancy permit.

This means that in practice, digitalization in the construction industry will come into effect no earlier than the second half of January 2021. Of course, as soon as the Act is published, we will certainly inform you, also indicating the precise dates.

The digitization of the construction process is a crucial, if not essential, element in streamlining the investment and construction process. The entry into force of these regulations will give investors the choice of submitting applications electronically or traditionally by post. This means that changes to the Construction Law provide new opportunities for conducting electronic procedures while maintaining the right to use traditional paper forms.

Next week we will talk about changes to the Act that will allow for the submission of construction designs electronically and for designing using BIM technology.

This alert is for informational purposes only and does not constitute legal advice.

|

Dr. Joanna Barzykowska

Attorney, partner
+48 502 677 504 | j.barzykowska@kglegal.pl