Without any doubt the construction permit design is among the most important documents an investor requires to commence construction of any building or structure. Without the construction permit design it is not possible to obtain the construction permit. Commencement of building works without a valid construction permit amounts to illegal development. If this happens, the investor may be even obligated to demolish the illegal building or structure or restore it to the original state and condition.
In order to avoid the adverse consequences, before the commencement of building works one should become familiar with the detailed requirements a construction permit design is required to meet. It is worth noting that on 29 April 2012 a new Regulation of the Minister of Transportation, Construction and Maritime Economy of 25 April 2012 on detailed scope and form of the construction permit design (Journal of Laws of 2012 item 462) became effective. The new regulation replaced the previously effective implementing regulations to the Construction Law of 7 July 1994 (Journal of Laws of 2010 No. 243, item 1623, as subsequently amended), i.e. the Regulation of the Minister of Infrastructure of 3 July 2003 on detailed scope and form of the construction permit design.
The new Regulation, in addition to consolidation of the previously effective provisions, standardizes the methodology for measuring of usable space in residential buildings, including without limitation in residential units. The previous regulations did not rely on any Polish Standard to be applied to measure the usable area of a construction project, thus generating numerous controversies as various calculation methods were used. The resulting differences in measurements were up to several square meters and could produce adverse effects, especially for those who purchase flats from property developers. And so, the Regulation of 25 April 2012 introduced uniform methodology for measuring the area of new buildings by making a reference to Polish Standard PN-ISO 9836:1997 Performance Characteristics in Construction. Surface Area and Volume Factors.
The new Regulation also introduces the obligation to determine the energy performance of a building in the construction permit design of simple-structure buildings, such as single-family houses, small utilities, farms, and storage buildings. The previously effective regulations expressly provided for the absence of the obligation to indicate the energy performance for the above buildings.
Further, the new Regulation imposes an obligation to delineate on a map included in the drawing part of the design the routing of fire access roads and pathways connecting exits from the buildings with those roads.
Prior to issuing the construction permit the building authority having jurisdiction checks the construction permit design for compliance with a number of requirements, including legal regulations (technical and construction regulations among them). That is why it is a good idea to monitor closely all changes to the various requirements as they are made. In the event any violations are found, the building authority imposes an obligation to remedy such irregularities within a prescribed period of time. Should the period expire without effect, the respective authority issues a decision in which it refuses to approve the design and grant the construction permit.