In today's article from the series "Tuesday Mornings for Construction Professionals," we would like to familiarize you with the changes introduced by the Act amending the Building Law and certain other acts of July 7, 2022, regarding the introduction of an electronic central register of persons holding construction licenses, known as "e-CRUB." In this article, we will describe what this register is and what changes have occurred in the investment and construction process in connection with its introduction. First, we would like to point out that the common e-CRUB search engine is available at: https://e-crub.gunb.gov.pl/#search .
The e-CRUB system is an ICT system operated pursuant to Article 88a, section 3 of the Building Law by the Chief Inspector of Building Supervision (GINB) and has been operational since August 1, 2022. In the e-CRUB system, GINB maintains two central registers: (1) of persons holding building licenses and (2) a register of persons penalized for professional liability in construction . A detailed list of data that can be found in the e-CRUB system can be found in Article 88a, section 2 of the Building Law and includes data of persons authorized to perform independent technical functions in construction, such as name and surname, date of entry in the register, address of residence, education information, and scope of building licenses.
Of course, the data mentioned above is not available to everyone. The General Inspectorate of Banking Supervision (GINB) has provided two search engines: the public e-CRUB search engine and a search engine for authorities. The search engine, which is publicly accessible, does not provide us with detailed information about individuals entered in the register, such as their PESEL number, or information regarding penalties imposed on individuals entered in e-CRUB.
The e-CRUB system automatically includes all individuals who acquired construction licenses from January 1, 1995. Individuals who acquired licenses before that date must submit an application to the appropriate professional association chamber to which they belong in order to be included. According to information provided by the General Inspectorate of Construction Supervision (GINB), approximately 130,000 individuals have already been entered into the register.
One of the most important changes introduced by the e-CRUB system is the elimination of the requirement to attach copies of authorizations and documents confirming chamber membership in building permit applications and other applications and notifications submitted to architectural and construction administration bodies by individuals entered in the register. The e-CRUB register is intended to facilitate authorization checks by architectural and construction administration bodies when reviewing such applications and during the investment and construction process.
The introduction of the e-CRUB system may also have a positive impact on entities interested in collaborating with individuals entered in the register, as it enables investors to verify the authorizations of construction process participants. Consequently, it should positively impact investor security, including when concluding contracts for the preparation of construction designs and when a construction manager assumes construction supervision.
In our opinion, the creation of the e-CRUB system may also impact the content of the aforementioned agreements regarding the parties' declarations regarding building permits. In the near future, we can expect that the e-CRUB printout will be added as a new attachment.
In summary, the launch of the e-CRUB system should be considered a step in the right direction. Firstly, due to the reduction of formal requirements and the removal of the requirement to submit documents confirming building qualifications for applications in investment and construction proceedings. Secondly, by enabling the verification of individuals holding the qualifications required by the Building Law in a single search engine, which should increase the security of entities operating in the construction market.
Next week we will focus on the topic of the electronic construction book, which is the next stage in the digitization of the investment and construction process.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of January 17, 2023
author:
