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.
MILLER, CANFIELD,
W. BABICKI, A. CHEŁCHOWSKI I WSPÓLNICY SP.K.
ul. Batorego 28-32
81-366 Gdynia
Tel. +48 58 782-0050
Fax +48 58 782-0060
gdynia@pl.millercanfield.com
ul. Nowogrodzka 11
00-513 Warszawa
Tel. +48 22 447-4300
Fax +48 22 447-4301
warszawa@pl.millercanfield.com
ul. Św. Mikołaja 7
50-125 Wrocław
Tel. +48 71 337-6700
Fax +48 71 337-6701
wroclaw@pl.millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield. It is intended to provide only a summary of certain recent legal
developments of selected areas of law. For this reason the information contained in this publication should not form the basis of any decision as to 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.