Important provisions expired on September 20. We may feel the effects for years

On September 20, the existing regulation specifying the technical conditions that buildings and their location should meet expired. The problem is that the new regulations did not come into force at the same time. The Polish Chamber of Construction Engineers warns that the gap may cause problems in the design and implementation of investments.

According to PIIB, the consequences may include, among others: discrepancies in project evaluation, different approaches of offices, prolonged administrative proceedings, delays and higher investment costs. The lack of new regulations may be felt for years.

The technical conditions for buildings have expired

Provisions that have lost their validity can no longer be a binding model for assessing the correctness of construction projects. However, this does not mean complete freedom. The Construction Law and the principles of technical knowledge are still in force. According to the PIIB representative, the problem is the risk of attempts to exploit the gap.

The technical conditions were regulated, among others, by: distances from the plot boundaries and neighboring facilities and the rules for applying derogations. Radosław Wojnowski from PIIB points out that the lack of detailed regulations creates a difficult situation for designers and construction managers.

Offices may have problems assessing investments

According to the expert, the effects of the current situation may be long-lasting. One of the problems is the lack of a clear basis on which the administration could evaluate some projects. Wojnowski indicates that there may be missing, among others: legal basis for rejecting an application for a building permit.

Administrative authorities may also have difficulties assessing the compliance of investments and justifying their decisions. This, in turn, may lead to court disputes and a situation in which similar cases will be resolved differently by individual offices.

Investors can use the old rules

However, PIIB points to a solution intended for the transitional period. The investor may submit a declaration that he is preparing an investment on the basis of the existing regulation. The old regulations can then continue to apply. This is an opportunity, not an obligation.

The basis is Art. 102a of the Construction Law. For 18 months from September 20, 2026, plot or area development, architectural, construction and technical designs may be prepared in accordance with the regulations in force until September 19. The condition is to submit an appropriate declaration to the authority conducting the proceedings.

Old regulations do not cover new technologies

The age of the existing regulations remains a problem. They were created in 2002, so – as PIIB points out – they do not respond to all the challenges of modern construction. This applies, for example, to energy storage, photovoltaics and some issues related to fire safety.

An even more difficult situation concerns gas networks and electricity supply to buildings. According to the Local Government Portal, in these areas there is no rescue act extending the operation of the old regulations, which is why technical conditions do not currently apply there.

PIIB demands the adoption of new regulations as soon as possible. The Chamber emphasizes that the ministry’s announcement regarding the possibility of using the old rules during the transitional period is not a legal act. According to the representative of the organization, this left the industry in a situation of great uncertainty.