Changes in the construction law – 2023
The beginning of the year 2023 is an important moment for investors, general contractors and workers associated with the construction market in Poland. On January 1, 2023, an important amendment to the construction law entered into force. It introduces significant changes to the regulations, which are aimed to simplify the construction process. The Act assumes several important elements, among which the most noticeable are:
- Further reduction of burdens both in relation to investors as well as architectural and construction administration bodies or Building Supervision,
- Full digitization of the activities of public administration bodies (in the field of construction market).
In order to improve the work related to the construction market, numerous minor changes were introduced regarding many aspects of work. Among the most important changes of the new law were: Introduction of a uniform procedure for construction of residential, single-family houses with a building area below and above 70 m2.
The purpose of the amendment was to exempt such buildings not only from the construction permit, but to exclude the possibility of the architectural and construction administration body to object the application.
Applications are to be carried out:
- on the basis of the prepared project,
- with the obligatory construction manager (Construction Manager will be obligatory for houses with an area of over 70 m2),
- Houses under 70 m2 are no longer obligated to engage Construction Manager and no obligation to have a Building Permit.
- with a very simplified home acceptance procedure – only the construction manager will confirm the readiness to move in.
New solutions for building a house without permission will not contain restrictions on the building area, but there will be an important height limit – these buildings will be able to have a maximum of two floors.
The new law assumes also a full digitization of the activities of public administration bodies (in the area of construction). The amendment provides for an introduction of the Electronic Construction Log.
From 2023, Electronic Construction Log will enable activities such as recording the course of construction works and all circumstances and events related to their performance – online. A paper, traditional form of a construction log will be available to investors by 2030.
ADVANTAGES:
- applying for a construction log and submitting it together with the application for a use permit – online in the EDB system,
- managing the construction process, adding process participants and setting working time – online
- possibility to view entries made in the Electronic Construction Journal from any place,
As part of this legal amendment and the pursuit of full digitization of the administrative part, an Electronic Building Book was also introduced. It is an application in which each owner or manager will make entries regarding:
- Information about the building, its owners and managers,
- Information about the inspections carried out,
- Expert opinions and technical opinions,
- Construction works carried out after commissioning,
The implementation of EBB at the beginning of 2023 is to be carried out 100 percent digitally. From 2027, EBB will be available only in electronic form.
Another developmental premise of the introduced amendment is the introduction of the Building Projects Database. The purpose of this Database is to facilitate access to Building Projects and their individual elements (prepared in electronic form) for architectural and construction administration or construction supervision authorities in the case of applications (e.g. for a building permit or occupancy permit) and notifications.
There is no obligation for Investor to attach to applications or notifications of the construction project. Only the individual project number, which was placed in the Building Projects Database.
As part of the amendment, a new e-CRUB system (Replacement of the current CRUB) has also been in force since January 2023. It is a widely available search engine for engineers with sought-after construction licenses. It will allow investors and general contractors to hire a person with the necessary qualifications recognized by supervisory authorities to implement Building Investment.
It will contain all information about: certificates, permissions, passed exams or penalties imposed on specialists.
The introduction of digitization of this system brings many advantages, including:
- investors using the services of persons with building qualifications will be able to quickly check their skills,
- the authorities will be able to easily verify the data of persons performing independent technical functions in the application,
- persons applying for building licenses will not wait for the decision of the General Office of Building Control
The planned changes will undoubtedly contribute to making the construction process a much less formal procedure. Thanks to the introduced amendments, this process will also be adapted to the available new technologies, which is undoubtedly a positive direction of development. Certainly, the proposed changes may contribute to an increase in interest in building a house for one’s own housing needs.
The coming years will show to what extent, the assumptions included in the regulations, will be reflected in the functionality and availability.