Today's article in our "Tuesday Mornings for Construction Professionals" series, as part of the series on the digitalization of Construction Law initiated last year, is dedicated to the electronic construction log. It should be noted at the outset that the changes to the Construction Law regarding the construction log result from the amendment to the Act of July 7, 2022, which introduced a new Chapter 5a (Articles 47c-47v) to the Construction Law. The electronic construction log itself is one of the most important construction events this month – last Friday, January 27, 2023, the EDB application was publicly launched , enabling the electronic completion of all activities required for maintaining a construction log.
This means that, as of last week, the most important construction document can be maintained electronically via the EDB application, which does not require any specialized equipment (it is available both in a computer version at https://e-dziennikbudowy.gunb.gov.pl and in a mobile version). Each investor , after authenticating through the national node service (e.g., through a trusted profile, e-ID, or online banking) and creating an account, can use the system to request a construction log from the architectural and construction administration authority . An electronic construction log can be created for any project, with the exception of construction work in restricted areas designated by decision of the Minister of National Defense. After receiving the electronic log, the investor will be able to add other participants in the construction process to the system – including, in particular, the construction manager, designer, and construction supervision inspector . These individuals then gain access to the log and authorization to make entries. Entries are organized in the same way as in the paper log.
Both the EDB system and the electronic version of the construction journal boast a number of simplifications throughout the construction management process. Users have access to a range of features, such as:
- submitting an application for an electronic construction log online,
- electronic entries in the construction log,
- the ability to entrust and define the time frame for the work of a surveyor and construction participants,
- 24/7 online monitoring of construction entries and documentation,
- accessible and easy-to-use correction of entries, editing of statuses (including closing the construction journal),
- filtering and searching for entries based on various criteria – e.g. entry validity, author function or entry author.
Currently, investors can choose between maintaining a construction log in paper or electronically in the EDB system. Importantly, the paper construction log can be continued in electronic form. However, the change will not work the other way around – the electronic construction log can only be continued in the EDB system.
At the same time, it should be noted that as of January 1, 2030, there will be no such choice. Due to the legislature's desire to digitalize the construction process, the only form of maintaining a construction log will be electronic.
At the same time, we would like to point out that the latest proposed amendment to the Building Law (list number UD427) assumes that paper logs will, as a rule, be issued only until May 31, 2023, and for single-family residential buildings until May 31, 2026. This draft has not yet been adopted, but it indicates the legislator's intention to replace paper logs with electronic ones this year.
In summary, the legislator's steps to transition to an exclusively electronic construction log are certainly to be commended. However, this should be done gradually, and the proposal to transition exclusively to an electronic log in 2023 is, in our opinion, not the best solution.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 31, 2023
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