In today's edition of "Tuesday Mornings for Construction Professionals," we would like to address the crucial issue of mandatory inspections of buildings, particularly residential buildings, and the deadlines for their completion. The requirement to conduct mandatory inspections of buildings stems from Article 62 of the Building Law and §6 of the Regulation of the Minister of Internal Affairs and Administration of August 16, 1999, on the technical conditions for the use of residential buildings (hereinafter referred to as the " Regulation ").
It's worth remembering that the responsibility for inspecting building structures rests with the owner or manager of the structure. Pursuant to Article 61 of the Construction Law, the owner or manager of a building is obligated to use it in a manner consistent with its intended use and environmental protection requirements, and to maintain it in proper technical and aesthetic condition, preventing excessive deterioration of its functional properties and technical efficiency. Furthermore, they should ensure, with due diligence, the safe use of the structure in the event of external factors affecting the structure, related to human activity or forces of nature, such as: lightning, seismic events, strong winds, heavy precipitation, landslides, ice phenomena on rivers, seas, lakes and reservoirs, fires or floods, resulting in damage to the building structure or an imminent threat of such damage, which may pose a threat to human life or health, property safety, or the environment.
The scope of mandatory inspections covers:
- elements of buildings, structures and installations exposed to harmful atmospheric influences and the destructive effects of factors occurring during the use of the building, as detailed in §5 section 2 of the Regulation:
i. outer layers of external partitions (texture layer), elements of external walls (parapets, pillars, cornices), balustrades, loggias and balconies,
ii. devices attached to the walls and roof of the building,
iii. elements of the building’s drainage system and sheet metal flashings,
iv. roof coverings,
v. central heating and hot water installations,
vi. devices constituting the building’s fire protection,
vii. elements of the sewage system discharging sewage from the building,
viii. penetrations of installation connections through the building’s walls; - installations and devices for environmental protection;
- gas installations and chimney flues (smoke, exhaust and ventilation);
- checking the implementation of recommendations from the previous inspection.
In the case of annual inspections of single-family residential buildings and farm and summer cottage buildings listed in Article 29, paragraphs 1 and 2 of the Construction Law, excluding gas networks, the scope of mandatory inspections is shorter by the elements of the building, structures and installations exposed to harmful atmospheric influences and the destructive effects of factors occurring during the use of the building (indicated in paragraph 1 above).
Buildings with a built-up area exceeding 2,000 m² and structures with a roof area exceeding 1,000 m² require inspections twice a year , by May 31st and November 31st, covering all the elements listed above. Other structures should undergo inspections once a year, covering the specified scope.
Additionally, all buildings must undergo periodic inspections at least once every five years . In addition to the previous elements, this inspection also includes an inspection of the aesthetics of the building and its surroundings, as well as an inspection of the electrical and lightning protection systems to ensure the integrity of connections, accessories, safety devices and shock protection measures, the resistance of wire insulation, and the grounding of installations and devices.
In accordance with Article 62, paragraph 1, point 4a) and paragraph 2 of the Building Law, an inspection may also take place within 3 days of the notification by the persons residing in a residential premises located in a building of interference or violations unjustified by technical or operational reasons, resulting in the building not meeting the conditions required by Article 61 of the Building Law.
Article 62, Section 3 of the Construction Law states that if a construction supervision authority finds that the technical condition of a building or part thereof is inadequate and may pose a threat to human life or health, property safety, or the environment, it may order an inspection and may also request an expert opinion on the technical condition of the building or part thereof. The owner or manager is obligated to conduct such an inspection and implement any post-inspection recommendations.
The inspection should be confirmed in the documents. The person authorized to conduct the inspection prepares a report and, within 7 days of completing the inspection of a building for which a building logbook is required, makes an entry about the inspection in the building logbook. We would like to remind you that from January 1, 2023, KOBs can be maintained in digital form, and from January 1, 2027, this form will replace the paper version (as we wrote about here #137).
At the same time, we would like to express our support to all those affected by the flood and invite you to follow the series "Compensation Without Secrets", in which our colleagues will prepare special articles related to obtaining compensation in the event of such events.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 16, 2024
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