Changes in the construction law in 2023

Amendment to the Construction Law Act consists of a number of changes announced successively in 2022. The announcement of the Marshal of the Sejm, dated March 10, 2023, on the publication of the unified text of the Act lists 7 acts, the amendments of which will affect this sector of the economy. The new regulations provides for numerous changes, among which the most important are the extension of the catalogue of construction objects that do not require a building permit, as well as modifications to the rules for commissioning construction objects and the regulation of the functioning of IT systems supporting the construction process electronically.

As of January 1, 2022, the construction of a single-family house of covered area up to 70 sqm on one’s own plot requires only a notification. The amendment introduces the possibility of building a single-family house with an area exceeding 70 sqm without a building permit, as long as the aim is to meet one’s own housing needs. Prior to the commencement of the construction of building, it will be required to submit a notification to the architectural and construction administration authority with an architectural design and to notify the construction supervision authority of the planned date of commencement of works. Building a house of more than 70sqm will require the participation of a construction manager, who will confirm readiness for habitation during the acceptance. The updated legislation will put an end to the legal duality that differentiates the formal procedures required for the construction of single-family buildings depending on their covered area. Importantly, the construction of a house without a building permit will concern buildings with a maximum height of two floors.

At the beginning of 2023, a significant change was introduced removing the requirement to obtain the use permit for selected construction objects. Use permit will only be required if the building is to be used before all construction work is completed, and if the investor voluntarily requests it, although the use permit decision is not required. Before using the building, it is necessary to submit a completion of construction notification and enclose, among others: the technical design, protocols of tests and inspections of: connections and installations, ensuring use of the building in accordance with its intended purpose, geodetic documentation including the results of the as-built geodetic inventory and information on compliance of the location of the construction object with the plot or land development plan or deviations from this plan, as well as a copy of the energy performance certificate. It is also planned to introduce the obligation to attach photographic documentation made by the construction manager, which will allow verification of the execution of the building object in accordance with the architectural design. The new regulation is intended to allow investors to use newly constructed buildings earlier.

The Electronic Construction Logbook (EDB) system has been in operation since 27 January 2023, but its use is not mandatory. Currently, the investor has the choice whether to keep a construction log in paper or electronic form via the EDB platform. It is the investor who is responsible for the ongoing investment and making the logbook available to other participants of the construction process. As of January 1, 2030, it will be mandatory to switch to an electronic version of the construction logbook.

As of January 1, 2023, it is also possible to maintain the Digital Construction Object Book (c-KOB). The platform is to be used by property owners or managers to record, among others, information about the construction object, inspections carried out, expert opinions issued, construction disasters, construction works related to the construction object after commissioning, and decisions, resolutions and certificates issued by public administration authorities concerning the construction object. According to the amendment, until December 31, 2023, the owner or manager of a construction object may establish a book of a construction object in paper form. The complete transition to the electronic version of the book is to take place at the beginning of 2027.

The amendment regulates the functioning of the Central Register of Persons Holding Building Qualifications (e-CRUB) operating since August 1, 2022, which replaced the previous register of persons with building licences and penalised for professional liability in the construction industry. Data on new licensed engineers and architects appear in the register after passing the exam. The decision on entry in the database has been automated, eliminating the waiting time for entry in the register by the General Office of Construction Supervision. The purpose of the database is to eliminate the obligation to attach to the construction project and submit documents confirming building qualifications and chamber membership to the office. The new system allows quick verification of the entitlements by both investors and public administration authorities.

Digital, completely free Base of Architectural Designs is planned to launch on the website of the General Office of Construction Supervision. If the investor decides to use the house design from the database, they will not have to include a paper version of the design in their applications, reports or notifications. Each architectural design in the database is to be given an individual number, which will have to be included in the documents. Architectural and construction administration and construction supervision authorities will have access to the design through the database and it will not be necessary to hand on architectural design between these institutions.

Changes that are part of the trend of digitisation progressing with subsequent amendments include the regulation of the already functioning e-Construction platform. Through the portal, investors have access to 26 different applications and notifications needed in the investment and construction process, as well as the possibility to check the status of their application.

However, this is not the end of the changes in the field of construction law. Currently, legislative work is underway on the next amendments of the regulations, so these are certainly not the only changes to the construction law in 2023. Among the planned improvements, the General Office of Construction Supervision works on another IT platform: System for Administrative Proceedings in Construction (SOPAB). This system is intended to be used by architectural and construction administration and construction supervision authorities to conduct administrative proceedings electronically. In addition, the proposed regulations are intended to restore property valuation as an independent technical function in the construction industry. Provision is also made for architectural and construction administration authorities to keep a register of applications and decisions on demolition permits. Furthermore, the new regulations are to introduce penalties for untimely issuing a demolition permit. In addition, another amendment to the law is to expand the catalogue of construction objects and construction works exempt from the obligation to obtain a building permit and just requiring notification.

New IT systems are a further step in the process of digitisation of the construction industry, which has been ongoing since at least 2020 and aims at the functioning of a purely digital circulation of construction documents in offices. The introduced changes are intended to reduce the burden on investors as well as architectural and construction administrations and construction supervision authorities and to streamline their operation, which consequently will speed up the entire investment and construction process, along with digitisation of public administration authorities’ activities in the field of construction.

Marta Polkowska
Senior Maintenance and Development Specialist
SARFiN System Data Administrator