Amendments to the Construction Law, presented in the act of 13 February 2020, will enter into force on 19 September 2020. The amendment to the Construction Law introduces significant changes aimed at simplifying and accelerating the investment and construction process, reducing bureaucracy and increasing the stability of decisions made in the course of this process.
The most important changes
First of all, what will change in new Construction Law is the building design. Currently, the building design is a uniform document. The amendment divides the design into 3 parts: plot or land development design, architectural-building design and technical design, whereas the first two parts will be subject to approval by the architecture and construction administration authority in the building permit decision, and the technical design will be submitted to the construction supervision at the stage of submitting an application for an occupancy permit. Division of the building design will simplify the formalities and speed up the procedure. New Construction Law reduces also the number of documents submitted with the application for a building permit – at the stage of obtaining the building permit, the applicant will now attach 3 copies of the project to the application, not 4 as before.
Moreover, the Act specifies which facilities may be constructed without obtaining a building permit or even without notification to the competent architecture and construction administration authority, and which construction works will not require notification or a building permit, or will only require notification instead of a building permit. Pursuant to the Act, facilities that can be built on the basis of a notification (without a building permit decision) include, for example, water supply, sewage, heating, gas networks (with an operating pressure not higher than 0.5 MPa), home porches and orangeries, cable drainage or sports fields. Some facilities will also be completely exempt from the obligation to obtain both a building permit and notification, and these will include cash deposit machines, ticket machines, shelters, gazebos or home swimming pools and ponds with an area of up to 50 m2.
From September onwards, the rules for obtaining approval for derogations from technical and construction regulations, i.e. regulations specifying technical conditions to be met by construction facilities and their location, as well as technical conditions for the use of the facilities, will also change. Currently, the architecture and construction administration authority may grant consent for a derogation from the regulations before issuing a building permit. According to the amendment, it will also be possible to do so before amending the building permit.
What is important, the provisions on fire protection were changed in the event of a change in the use of the building. In the amended Act, the entity making such a change will now have to obtain the required expertise of a fire protection expert.
Moreover, the Act introduces a simplified procedure for the legalization of unauthorized constructions, which means that unauthorized constructions, of which the construction was completed at least 20 years ago, can be legalized in accordance with the new, simplified and free of charge procedure. To benefit from the new procedure, you will need to present a technical expertise confirming that a lawlessly constructed facility can be used safely.
From September 19th, the architecture and construction administration authorities will not use any more the template of a building permit specified in the regulation, which both, the template and the regulation changed quite often, causing inconveniences to people who applied for permits. Now, the decision will be issued in accordance with the requirements set out in the Code of Administrative Procedure, without a specific template.
The rules for verifying whether the building has been constructed in accordance with the law will also change. Until now, the invalidity of the building permit decision could be found many years after the building was built and in use, which led to legal uncertainty. According to the amendment to the Building Law, the deadline for declaration of the invalidity of the building permit or occupancy permit will be 5 years from the moment the decision becomes final.
FOR MORE INFORMATION PLEASE CONTACT:
Anna Kowalczyk-Pogorzelska
Attorney at Law
T: +48 22 447 4300
E: kowalczykpogorzelska@millercanfield.com
Marta Pałyga
Lawyer
T: +48 22 447 4300
E: palyga@millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield, and is based on the facts and guidance available at the time of its release which may be subject to change. The purpose of the publication is to draw attention to the legal events indicated in it and should not be the sole basis for any decision regarding a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other legal development to the particular facts can be verified.