The amendment to the construction law enters into force on September 19. The Ministry of Development summarizes what will change from this day. The investment process is to be simpler and faster, and thanks to it, more apartments will be built. Absurdities such as building permits when ATMs or parcel lockers are installed will also disappear.
– Speeding up and simplifying construction procedures is our goal when amending the Construction Law. Thanks to this, apartments and houses will be delivered to citizens in a shorter time. Increasing the availability of housing is one of the priorities of the Ministry of Development. Legal solutions included in the so-called housing package currently being considered by the Sejm – says Deputy Prime Minister and Minister of Development Jadwiga Emilewicz, describing the changes.
Changes in construction law from September 19. Old unauthorized construction works
This is an important change that will encourage owners to report illegal facilities. Thanks to this, construction supervision will obtain information about their existence and will be able to check their safety. The owner will avoid the legalization fee if he reports to the building supervision any unauthorized construction – at least 20 years old – and presents a technical expert opinion confirming the possibility of safe use of the facility and an as-built geodetic inventory.
The simplified legalization procedure will allow many unauthorized construction projects to be included in the system of periodic inspections ensuring their safe use, as well as in the system of replacing “smokestacks”, improving air quality.
Changes in construction law. Less paperwork
At the stage of submitting a building permit application or notification, builders will submit fewer documents. The investor will attach only a part of the current construction design to the application for a building permit. The number of required copies of the project attached to the application will also be reduced.
From September 19, an application for a building permit will need to be accompanied by a construction design, which will consist of a land development design (location, communication system, information about the facility’s impact area) and an architectural and construction design (spatial layout, designed technical and material solutions). . However, the technical design (description of the structure, installation, energy performance) will have to be submitted to the construction manager before the commencement of the works, and to the construction supervision office only together with the application for an occupancy permit or notification of the completion of the works.
Unnecessary permits for the construction of ticket machines, parcel machines or ATMs
Ticket machines, cash deposit machines, vending machines, parcel lockers, parcel storage machines or machines used to provide other types of services up to and including a height of 3 m will be expressly exempt from the requirement of a building permit and notification in the Act. In the dynamically developing market of various types of machines, a building permit decision and a construction log for each such machine are unnecessary.
Changes in construction law from September 19. Fewer permits required
From September 19, there will be further exemptions from the obligation to obtain a building permit, including for gas installations installed inside and outside the building, LNG regasification stations with a gas storage tank capacity of up to 10 m3, disinfection basins, including disinfection basins with a roof, and all sewage treatment plants sewage with a capacity of up to 7.5 m3, and not, as before, only those from home or above-ground terraces.
Water drainage devices, as well as the construction of ponds and water reservoirs with an area not exceeding 1,000 m2 and a depth not exceeding 3 m, located entirely on agricultural land, will be exempt from the notification obligation.
Importantly, it is now one article, indicating the types of investments that require permission or notification.
Changes in construction law. What else does the act introduce?
The Act introduces a five-year deadline for invalidating a building permit and an occupancy permit. Until now, the decision on a building permit could be declared invalid many years after the building had already been constructed and was in use. This led to legal uncertainty. The new solutions will mean that 5 years after the decision is delivered or announced, it will no longer be possible to revoke it.
Safety issues will also be strengthened in the case of changes in the use of the building affecting fire safety. For example, when changing an apartment into a kindergarten or the basement of a block of flats into an escape room. In such a situation, it will be necessary to prepare a fire safety assessment.
The changes will make it easier and faster to prepare new investments. They will support faster connection of new investments to electricity, gas, heating, water and sewage networks. There will be specific deadlines for enterprises to issue conditions for connection to the network, exceeding which will result in penalties being imposed. The Act also introduces a ban on water and sewage companies charging fees for issuing technical conditions for connection to the network.