Autumn changes in the construction law - what is worth knowing?
From September 19, 2020, there was a significant amendment to the Construction Law. The purpose of the changes is to improve and accelerate the investment and construction process. These changes concern potential parties to the proceedings. Let us discuss the most important provisions of these novels.
The amendment to the construction law exempts from the obligation to obtain a building permit and notify certain objects. For example, the construction of aboveground tanks being construction objects, used to store class III liquid fuels, for the user's own needs, with a capacity of up to 5 cubic meters, so far required obtaining a building permit, along with the change introduced on September 19, 2020 - currently the investment does not require a permit for construction and filing.
Previously, the construction and reconstruction of water drainage facilities required filing a notification, and now it does not require both a building permit and a notification.
Cleanup in construction law
Along with the amendment, the information on the installation of ATMs, ticket machines, CDMs, vending machines, vending machines for storing parcels or machines used to perform other types of services with a height of up to 3 m inclusive was put in order.
Until now, the issue of a permit or notification to erect the above-mentioned devices was not entirely clear. The specified devices were not listed in Art. 29 of the construction law, as objects exempt from the obligation to obtain a building permit or notification, which resulted in interpretation disputes regarding a possible notification or building permit. Along with the amendment, the legislator sorted out these ambiguities, pointed out that currently the erection of these devices is not necessary a building permit and notification.
Changes also took place in the construction of farm buildings with a development area of up to 35 sq m, with a construction span of no more than 4.80 m, and ponds and water reservoirs with an area not exceeding 500 sq m. and a depth not exceeding 2 m from the natural surface of the land intended solely for forest management purposes and located on State Treasury forest land, except in the Natura 2000 area.
Previously, without a building permit and notification, it was possible to build only construction objects with a development area of up to 35 sq m, with a construction span of no more than 4.80 m, intended only for forest management purposes and located on forest land owned by the State Treasury. After the amendment, the legislator completely gave up the need to obtain a building permit or notification. Supporters of terrestrial terraces will also be pleased with the fact that now it will no longer be necessary to obtain a building permit and application.
Investments to be reported
In the previous legal status, the construction of a sewage treatment plant only required notification if the planned treatment plant had a capacity of up to 7.50 m3 and was a household treatment plant. If the construction did not include a home treatment plant or its efficiency was greater, it was necessary to obtain a building permit. Today it is just a need to notify.
Similarly, earlier the construction of a pole foundation for telecommunications cable lines did not require a building permit or building permit, from September 19, 2020. notification is required.
Another example of changes in the construction law is the construction of an LNG regasification station with a gas storage tank capacity of up to 10 m3, where a building permit was required under the previous act, and now only a notification is required.
Changes to the building design
The legislator indicated that the current scope and content of the construction design also took into account the conditions of fire protection. In addition, the construction design has been divided into three parts, i.e. a plot or area development plan (prepared on the current map for design purposes), an architectural and construction design and a technical design.
Exclusion of the possibility of annulment of the building permit decision
The Act provides for the exclusion of the possibility of annulment of the construction permit decision, if 5 years have elapsed from the date of its delivery or publication.
If the decision cannot be annulled due to the circumstances referred to above, the public administration body will limit itself to declaring that the contested decision was issued in breach of the law and to indicate the circumstances for which it did not annul the decision.
New investor obligations
The changes in the scope of the investor's obligations are also supplementary, so far, because in the event of undertaking preparatory works, the investor had to notify the construction supervision authority and the designer supervising the compliance of the construction with the design about the intended date of commencement of construction works, and this has not changed.
It has now been clarified what the notification must contain. The investor attaches to the notification of the intended date of commencement of construction works:
information indicating the names and surnames of the persons who will perform the function:
investor's supervision inspector - if it has been appointed
- and in relation to these persons, it encloses copies of the certificates referred to in Art. 12 sec. 7, together with copies of the decision on the granting of building permits in the relevant specialty;
statement of the designer and verifying designer on the preparation of a technical design relating to a construction project in accordance with applicable regulations, the principles of technical knowledge, a plot or land development design and an architectural and construction design as well as decisions regarding the construction project.
The wording of Art.42 section 1, which specifies the investor's obligations in connection with the performance of works.
New duties of the site manager prior to the commencement of construction
A provision was introduced according to which, prior to the commencement of construction, the construction manager is obliged to:
secure the construction or demolition site;
confirm with an entry in the construction logbook that the investor has received an approved construction design and, if required, a technical design;
place on the construction site in a visible place:
information board and
- an advertisement containing data on occupational safety and health protection - in the case of a construction site where construction works lasting longer than 30 working days and a simultaneous employment of at least 20 workers or the expected scope of construction works exceeding 500 man-days.
If there is no obligation to appoint a construction manager, the investor is responsible for the fulfillment of the above-mentioned obligation.
The amendment also added provisions on organizing the legalization procedure. The added provision assumes that within 30 days from the date of delivery of the decision to suspend the construction, the investor, owner or manager of the building may submit an application for legalization. If a complaint has been lodged against the decision to suspend the construction, the deadline for submitting the application for legalization runs from the date on which this decision became final.
In the event of submitting an application for legalization, the construction supervision authority imposes an obligation to submit legalization documents within a period not shorter than 60 days from the date of delivery of this decision. The Act specifies which documents may be necessary to carry out an effective legalization process. It is also necessary to pay a legalization fee.
The legislator also specified the reasons for initiating a simplified legalization procedure. In the case of the construction of a building object or its part: without the required decision on the building permit or without the required notification or despite opposition to this notification - if at least 20 years have elapsed since the completion of the construction, the construction supervision authority shall initiate a simplified legalization procedure. The act specifies the relevant terms and activities related to simplified legalization.
Act of July 7, 1994 Construction Law, Journal of Laws 2020.1333.
Material prepared by the team of "Tak Prawnik".
The owner of the brand "Tak Prawnik" is BZ Group Sp. z o.o.