In today's article from the series "Mornings for Construction Professionals," we examine two practical issues recently highlighted by the General Office of Building Control. On the one hand, simplifications regarding the implementation of photovoltaic installations; on the other, a reminder of the responsibilities related to the inspection of large-scale buildings.
Foundations for photovoltaic installations – do they require formalities?
In construction practice, the question arises whether the construction of foundations for photovoltaic devices requires a building permit or notification.
The starting point is the Building Law, which in Article 29, paragraph 4, point 3, letter c, provides that neither a building permit nor a notification is required for the performance of works involving the installation of, among others:
- photovoltaic devices with a power of up to 150 kW,
- heat pumps,
- solar collectors,
- energy storage up to 30 kWh.
However, the scope of this exemption may raise doubts – whether it covers only the installation of equipment or also preparatory works, including the construction of foundations.
The current interpretation of the regulations indicates that the exemption applies to the entire investment project, not its individual technical elements. This means that there are no grounds for artificially dividing the investment into:
- construction of foundations,
- assembly of the structure,
- installation of devices.
Consequently, foundations for photovoltaic installations (up to 150 kW) also do not require a building permit or notification.
Adopting a different interpretation would lead to irrational conclusions and would undermine the purpose of the regulation, which is to simplify the investment process for renewable energy sources.
At this point, however, it is worth recalling that in the case of photovoltaic devices with an installed electrical power greater than 6.5 kW, there is an obligation to consult the design of these devices with a fire protection expert in terms of compliance with fire protection requirements and to notify the State Fire Service authorities about the completion of the installation of these devices and the commencement of their use; together with the notification, a plan of the photovoltaic device for rescue teams is provided to these authorities.
Inspections of large-scale facilities – obligations still valid
At the same time, it is worth paying attention to the announcement of the GUNB regarding mandatory inspections of large-scale facilities, i.e. buildings with a building area exceeding 2,000 m2 or other construction facilities (except buildings) with a roof area exceeding 1,000 m2.
According to the building supervision authority, owners and managers of such facilities should take particular care to:
- timely performance of periodic inspections (by May 31 and November 30 of each year),
- verification of the technical condition of the building, including its structure, facades and roofs, installations and chimney flues,
- responding to threats resulting from weather conditions.
The announcement is available here: https://www.gov.pl/web/gunb/komunikat-ginb—kontrole-okresowe-obiektow-wielkopowierzchniowych2
In addition to conducting the inspection itself, it is crucial to notify the appropriate building supervision authority. If a Digital Building Log is maintained for the building or facility, the notification involves electronically approving the entries and no longer requires sending a paper notification.
Summary
Foundations for photovoltaic installations with a capacity of up to 150 kW do not require a building permit or notification as part of an overall investment project covered by statutory exemption.
In turn, investors and facility managers should remember the absolute obligation to carry out periodic technical inspections, especially in the case of large-scale facilities.
Amendment to the Act on Ownership of Premises
In reference to last week's article, we would like to inform you that a new draft amendment to the Act on Ownership of Premises has appeared on the website of the Government Legislation Centre - version from April 24, 2026, which is available at this link: https://legislacja.rcl.gov.pl/docs//2/12407404/13188546/13188547/dokument773839.pdf
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 4, 2026.
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