Publikacje

A number of changes to the Act of 7 July 1994 – Construction Law (consolidated text:
Journal of Laws 2020, item 1333 as amended) (henceforth “Construction Law”) are
coming into effect from 1 July 2021 that will make the process of applying for a building
permit easier and quicker. Several onerous requirements will be eliminated, and it will
become possible to submit the application and key supporting documents online.

At the moment, Article 33 paragraph 2, item 1 of the Construction Law stipulates
that enclosed with the building-permit application must be three copies of the site/
plot development plan and of the construction-architectural design, along with any
expert opinions, written arrangements, permits, and other documents that may be
required under separate laws (or reproductions of such expert opinions, written
arrangements, permits and other documents). They have to be submitted in paper
form. Since site/plot development plans and construction-architectural designs are
often voluminous documents (where the project is a large and complex one), this
can be a logistical challenge. But the amended text gives applicants the option to
submit them in electronic form.

Also, under newly-inserted paragraph 2b of Article 33, applicants are permitted to
enclose reproductions, instead of originals, of the supporting documents referred to in
paragraph 2, items 3, 4 and 7-10. These documents are:

• an outline planning permission, if required under the applicable spatial planning
  and development regulations;
• in the case of mining constructions, or structures located within restricted areas,
  or within areas referred to in Article 82, paragraph 3, item 1: a decision regarding
  the design solutions agreed with the competent architecture and construction
  administration authority referred to in Article 82 paragraph 2, regarding:
  • the building line and façades of the planned works facing public roads,
    streets, squares and other public spaces;
  • the paths and technical characteristics of roads, communication lines, and
    utility systems extending beyond the boundaries of the restricted area, sea
    ports and harbours, as well as these structures’ connections to public utility
    networks;
• in the case of roads that are part of the trans-European road network:
  • results of the road traffic safety audit referred to in Article 24l, paragraph 1 of
    the Act of 21 March 1985 on public roads (consolidated text: Journal of Laws
    2020, item 470 as amended),
  • explanation from the road’s manager referred to in Article 24l, paragraph 4
    of the abovementioned act;
• urban development agreement, if required under the local urban renewal plan;
• in the case of radiocommunications installations: statement from a building
  designer with qualifications referred to in Article 14, paragraph 1, item 2 or 4 (a) of
  the Construction Law testifying that the installation does not satisfy the required
  conditions;
• statement from the designer testifying that it is possible to connect the proposed
  structure to an existing heating network, in line with the conditions set forth in
  Article 7b of the Energy Law of 10 April 1997 (consolidated text: Journal of Laws
  2020, item 833 as amended).

Furthermore, newly-inserted paragraphs 2c, 2d, and 2e of Article 33 introduce the
option to submit the building-permit application itself electronically. An electronic
application form is to be developed by the competent ministry and made available to
the public by the office of the General Inspector of Construction Supervision (GUNB).
The online address via which the electronic form can be accessed and submitted will
be published in the Public Information Bulletin (BIP) on GUNB’s website.

At the same time, the amended text deletes from Article 34, paragraph 3, item 1
of the Construction Law the provision stipulating that where the site development
plan is drawn up on a reproduction of the map, the reproduction has to be certified
for authenticity by the designer. It will be acceptable to submit only a reproduction
of the plan. The designer will no longer have to certify a significant number of
documents, which will make it much easier to prepare the building design itself. It
also deletes from Article 34, paragraph 3d, item 3 the provision requiring a separate
statement from the checking designer that the building design complies with
applicable regulations and standards of technical knowledge. The statement from
the chief designer will suffice; it will include information about the persons involved
in preparing the design, and about the checking designers.

And newly inserted paragraph 3f of Article 34 provides that the building design,
including the site/plot development plan, the construction-architectural design, and
the technical design, is drawn up in a paper format or in an electronic format.

In summary, the new amendments to the Construction Law that come into force on
1 July 2021 introduce many improvements in the process of obtaining a building
permit. The legislator allows for the use of documents in electronic form and
eliminates some onerous formal requirements. All the above changes should save
investors considerable time and effort in preparing applications for building permits.
Michał Matak, Lawyer

Miller, Canfield, W. Babicki, A. Chełchowski i Wspólnicy Sp.k.