The COVID-19 pandemic has been consistently impacting the real estate market for several months. We are all closely monitoring the effects of the epidemic on Construction Law, so today we would like to highlight selected regulations introduced during the state of epidemic. It's important to remember that, due to the amendment to the Construction Law (which we discussed in the previous article), these regulations will be temporary.
First, we draw your attention to the Act of 2 March 2020 on specific solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases, and the resulting crisis situations (Journal of Laws of 2020, item 374). Article 12 thereof suspends the application of certain provisions of the Construction Law , as well as, among others, the Spatial Planning and Development Act and the Act on the Protection and Care of Monuments. The suspension covers provisions regarding the design, construction, reconstruction, renovation, maintenance, and demolition of buildings, including changes of use, if these activities are related to counteracting COVID-19. The legislator's goal was to simplify investment processes as much as possible to adapt real estate to the fight against the pandemic. The suspension of the application of the Construction Law provisions will be in effect for 180 days from the date of entry into force of the act in question, i.e., until 7 September 2020.
The changes are particularly significant for properties housing large groups of people, such as manufacturing plants and office buildings. Consequently, existing spaces can be constructed or adapted in a very informal manner to combat COVID-19, for example, by creating designated areas for temperature checks for those entering the property, including employees. However, it will be necessary to notify the architectural and construction authority of any construction work being carried out or any change in the use of the building. Furthermore, for work requiring a building permit, the investor will be required to engage a construction manager.
However, it should be remembered that if construction work poses a threat to human life or health, the authority may issue a decision establishing requirements for necessary safeguards for the work . Such a decision is immediately enforceable.
In the event of entry into force of the so-called Shield 4.0, i.e. the Act of 4 June 2020 on interest subsidies for bank loans granted to ensure financial liquidity to entrepreneurs affected by the effects of COVID-19 (version adopted by the Sejm on 4 June 2020), Article 12 of the discussed Act will also apply accordingly to construction works that are necessary to maintain the continuity of operation of important services directly serving to counteract and combat COVID-19, e.g. telecommunications, public communications, transport, health services.
Further changes worth remembering were introduced by the Act of April 16, 2020, on specific support instruments in connection with the spread of the SARS-CoV-2 virus (Journal of Laws of 2020, item 695), and concern the installation of portable, free-standing antenna masts , a process that has also been greatly simplified. The legislator introduced a definition of these masts in Article 3, point 5a of the Construction Law, and this term should be understood as any metal or composite structure, standalone or combined with a trailer, grid, technical container, or telecommunications cabinets, placed on the ground, together with guy wires, ballasts and other structural elements, radiocommunication installation, and power supply infrastructure, intended for repeated assembly and disassembly without loss of technical value .
The simplification of the mast installation process involves abandoning the application of regulations imposing the obligation to obtain a building permit (e.g. Natura 2000, or construction work on a monument entered in the register of monuments), in the case when their construction or reconstruction is carried out by an investor, which is, among others, a telecommunications company.
Therefore, projects involving the construction or reconstruction of the antenna masts in question will be permitted within three days of submitting the notification to the architectural and construction administration authority. The authority will have the option to object to the notification within 14 days of its receipt . An objection will only be possible if the construction works or the structure covered by the notification could pose a threat to the safety of people or property. Should an objection be filed, the architectural and construction administration authority will require the investor to suspend construction works or demolish the structure. Regulations simplifying the installation of antenna masts will apply during a state of epidemic threat, state of epidemic, or state of natural disaster.
In just a week, we will prepare a study for you, in which we will indicate what else can be built without notification.
This material is for informational purposes only and does not constitute legal advice.
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