Changes in construction law. The expert leaves no illusions

Last week, the government adopted a draft amendment to the construction law. It is a draft act amending the Construction Law and some other acts (so -called deregulation project). The new provisions proposed by the Ministry of Development and Technology are a response to the postulates of citizens, companies and local governments.

“Amendment to the construction law adopted by the Council of Ministers! This is a step towards simplification and acceleration of the investment and construction process in Poland, which reduces the burden for investors. Less bureaucracy, lower costs, shorter investment time!” – the Ministry of Development and Technology announced in the post on the X. platform.

The ministry emphasizes that thanks to the new regulations, investors will be able to get deviations from technical regulations, and construction processes will become more flexible

What changes are introduced by the amendment to construction laws?

“Instead of the building permit required so far, in many cases you will only need a construction notification” – we read on the Ministry’s website.

As the ministry indicates, this will apply to such facilities as:

• free -standing home protective buildings with a usable area up to 35 sq m, without changing external walls and structures,

• free -standing public buildings with a usable area up to 200 sq m,

• Telecommunications containers up to 35 sq m and 3 m high,

• sports fields and courts, which serve not only recreation, but also sport,

• Household roofed terraces – terraces over 35 sq m, but not exceeding 50 sq m of roof surface, can be built for a notification; for terraces up to 35 sq m of roofing area will not be required,

• Lubberries up to 20 m long and internal cross -section up to 3 sq m and outlets to natural watercourses.

Amendment of construction law with a “yellow card”

Among the proposed changes, the so -called Yellow card mechanism. He assumes that in the case of serious, illegal deviations from the construction project, the investor will not have to immediately take into account the suspension of work or administrative proceedings. Instead, he will receive a warning with an order to restore the compliance of construction with documentation.

This solution attracts the attention of industry specialists who see in it a chance for a more effective construction supervision.

– An interesting element of the project is the “yellow card” – a tool that allows the investor to repair deficiencies without suspension of work. If it is used reasonably, it can improve supervision and improve the pace of implementation – notes Mateusz Durski, vice president of the Lafrentz group board in an interview with “Wprost”.

The new regulations also provide for the extension of the simplified legalization proceedings. This will legalize buildings if at least 10 years have passed since the completion of their construction. This is a great help for owners of older facilities that do not meet all formal requirements today.

Expert: “The new regulations will not solve key problems”

The proposed changes include both private and public investments, however – as the expert notes – this is above all a nod to individual investors.

– The extension of the catalog of facilities implemented to the application, e.g. home shelters, can be read as a response to current social moods – but it is difficult to talk about a significant impact on the residential real estate market – notes Mateusz Durski.

He emphasizes that although some of the proposed solutions respond to current needs, there are still no key improvements that could significantly speed up the entire construction process.

– The new regulations will not solve key problems that realistically slow down the construction process. Facilments regarding micro -installation of renewable energy or facilities up to 200 sq m are marginal changes from the point of view of large investments. The simplification of water and legal arrangements, spatial planning and cooperation with media operators would be much more important-says Deputy President Lafrentz.