Continuing the series of alerts started last week regarding the digitalization of the investment and construction process, today we have prepared for you examples of important documents needed in the investment process, which, under the general provisions of the Code of Administrative Procedure, can be obtained electronically.
1. An extract and a map extract from the local development plan applicable to the property and an extract and a map extract from the land and building register.
An application for an extract or map from the local development plan or land and building register applicable to a given property can be submitted electronically via the ePUAP platform, using a free trusted profile or a paid qualified signature. Additionally, it is possible to affix a qualified signature to the application and send the document to the email address of the relevant office.
Information about obtaining documents electronically can be found on the gov.pl and ePUAP portals. Problems arise when trying to obtain a specific document from the relevant authority – this service is unavailable and the application must be submitted in paper format. Furthermore, based on our experience, we recommend obtaining extracts and extracts in paper format, not electronically – many notaries do not recognize scans of such documents as originals. Courts also raise doubts as to whether such a printed document can serve as the basis for an entry in the land and mortgage register.
In theory, handling the matter this way should be possible in every office, but in practice it turns out that it is faster to obtain the document after submitting the application in paper form.
2. Obtaining certificates in electronic form
In this respect, it is necessary to recall the content of Article 217 § 4 of the Code of Administrative Procedure, which states that "the certificate shall be issued in the form of an electronic document bearing a qualified electronic signature, if so requested by the person applying for the certificate."
Generally, an application for a document (e.g., a certificate stating that a plot is/is not covered by a simplified forest management plan ) can be submitted electronically via the ePUAP platform using a free trusted profile or a paid qualified signature. Additionally, the application can be affixed with a qualified signature and sent to the authority's email address. Offices issuing this certificate do not process scanned applications submitted electronically. Again, it depends on the individual office whether it offers the option of submitting an application via ePUAP.
Obtaining certificates of no arrears in ZUS contributions and tax payments is becoming commonplace . Applications for each of these documents can be submitted electronically – via the ePUAP platform or biznes.gov.pl (by logging in via a trusted profile or e-ID), using a free trusted profile or a paid qualified signature. The application can also be signed with a qualified signature and sent to the email address of the appropriate ZUS branch or tax office. ZUS certificates can also be obtained by submitting an application through the ZUS PUE portal.
In these cases, the document issued electronically is marked with a clause stating that it has been electronically signed and that signature verification software must be used to verify it. Furthermore, the exact date and time of the signature are also displayed. Documents issued in this format by the Social Insurance Institution (ZUS) and tax offices are not questioned for their authenticity.
3. Information about real estate in the public access mode
This is a way to obtain information, for example, whether the property is entered in the municipal register of monuments, on the list of monuments, whether there are any archaeological sites on its premises, whether the property is located in a revitalization area based on the municipal revitalization program, or whether reprivatization or expropriation proceedings are underway in relation to the property .
To obtain the requested information, simply send a scan of the signed application to the email address of the relevant authority. This information is obtained through access to public information, so the applicant does not need to demonstrate an interest in obtaining it (e.g., they do not need to be the owner). In response, the authority sends a response in the form of an email or a scan of a signed paper document. It is also worth emphasizing that such responses do not have the status of certificates under Article 217 of the Code of Administrative Procedure, which may, however, be required by the authority or a notary.
Next week we will prepare information for you about the amendment to the Act on Spatial Planning and Development and the new regulation regarding spatial data sets, which are intended to ensure digitization in this area as well.
At the same time, we invite you to read our alert regarding the introduction of transitional provisions to the WT2021 standards .
We'd also like to remind you that our webinar, "Digitalizing the Construction Process," will be held today at 10:00 a.m. We cordially invite you to participate.
This alert is for informational purposes only and does not constitute legal advice.
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