Changes to Construction Law: Yellow Cards Instead of Penalties for Deviations from the Design

• The amendment to the Construction Law not only reduces formalities, but also shortens the time needed to implement both public and private investments.
• The proposed changes to the Construction Law also introduce greater flexibility in the event of irregularities on the part of the investor.
• The changes also provide support for the development of renewable energy sources.

The amendment to the construction law is a response to demands from citizens and industry groups. It aims to reduce bureaucracy in the construction process. The changes primarily affect individual investors, who are expected to make building a home simpler, faster, and less formalized, writes money.pl.

The amendment to the Construction Law not only reduces formalities but also shortens the time required to complete both public and private investments. This translates into a real benefit – lower investment costs.

- argues MRIT.

Thanks to the new regulations, investors will be able to more easily obtain exemptions from technical regulations, and construction processes will become more flexible.

One of the key elements of the reform is a significant expansion of the range of investments that can be implemented without a building permit or even a notification . This includes home shelters up to 35 square meters , which will only require a notification, and covered terraces up to 35 square meters , which can be built without any formalities (and up to 50 square meters, with a notification).

The list of facilities with a simplified procedure also includes:

• sports fields and courts (upon request),
• swimming pools and ponds with an area of up to 50 m2 (no formalities),
• energy storage up to 20 kWh,
• wind micro-installations up to 3 m high, which will not require construction formalities

- money.pl calculates.

The proposed changes to the Construction Law also introduce greater flexibility in the event of irregularities on the part of the investor. The so-called yellow card mechanism stipulates that if significant illegal deviations from the design documentation are made, the investor will receive a warning from the supervisory authority, requiring the construction to be brought into compliance with the documentation .

These actions do not interrupt ongoing work and do not require the initiation of administrative proceedings. Furthermore, the extension of the so-called simplified legalization procedure will allow for the legalization of buildings when at least 10 years have passed since the completion of construction work. This will simplify the process for older investments that do not meet certain formal requirements.

The amendment extends the mandatory use of the electronic construction log until December 31, 2034 (previously December 31, 2029). Under the amendment, owners and managers of construction facilities who have previously maintained paper construction logs will be required to switch to the electronic version by December 31, 2034.

The amendment also shortens the period after which simplified legalization of unauthorized construction is possible from 20 to 10 years after construction completion. This also applies to investors who had a permit but significantly deviated from the approved design. As money.pl notes, this change will be particularly beneficial for owners of older homes, outbuildings, and recreational buildings that do not meet current requirements.

The bill adopted by the Council of Ministers also provides a boost to the development of distributed energy in Poland. Installation of micro-scale wind installations up to 3 meters high and energy storage systems up to 20 kWh will be possible without any construction formalities . Taller installations, up to 12 meters high, will only require an architectural and construction design.