Poland: Long-awaited changes to construction law now in force.
Recent amendments to construction law introduce important new regulations after a 6-month wait between adoption and coming into force in September.
The changes had been planned well ahead of the pandemic, but to a certain extent answer current extraordinary needs; especially the need for simplified procedures, lessened burdens and fewer reasons for punishing investors and site owners. In particular, the new rules are aimed at considerably simplifying the construction process and releasing investors and real estate owners from certain obligations.
The most important changes include:
- new division of a construction design project, outlining its three parts,
- prohibition of declaring construction permits invalid after 5 years from issue
- simplified procedure for legalizing construction arbitrage,
- waiving the duty to obtain a construction permit for some constructions (ATMs, package delivery machines and other small automated devices, electric vehicle charging points, home conservatories and terraces).
The construction design project is divided into the following three parts (instead of a single mixed-content document which it had been before):
1) land or area development project,
2) architectural-construction project,
3) technical design.
The authority granting a permit will now be entitled to agree to certain project variations and even bending the technical requirements, in strictly defined cases, also after issuing a building permit (but prior to issuing an amending permit).
Considerable paperwork simplification is a result of the lawmaker no longer requiring to follow a unified construction permit decision template. Now the permit must simply abide by the general rules of the Code of administrative proceedings (referring to all sorts of decisions), and by construction law principles. The minister will however no longer issue (and change every now and then) a strict template of the decision itself.
Source: Act amending the Act – Construction Law and certain other acts (Journal of Laws of 2020, item 471)