Changes to the Construction Law in Poland

 

Reorganisation of definitions

The Amendment introduces several new key definitions, including multi‑family residential building, utility building, public utility building, open-sided shelter, and electricity storage systems. These additions aim to increase legal certainty in the investment process.

Previously, the absence of these definitions, despite references to such concepts in the Act (e.g. open-sided shelter), generated interpretative inconsistencies and led to administrative and judicial disputes.

The definition of a public utility building is particularly important in light of obligations under the Act on Civil Protection and Civil Defence, which we discuss in detail in our previous online publications (Part I and Part II).

 

Consent to derogation from technical and building conditions

The Amendment significantly expands the ability to apply alternative solutions to technical and construction requirements without needing the ministerial approval referred to in Article 9(2) of the Act.

Exemptions may now be applied when reconstructing or changing the use of existing buildings, provided positive opinions are obtained from the relevant authorities in areas such as:

• Hygiene and health – with the consent of the voivodeship sanitary inspector,
• Environmental protection – with a positive opinion from the voivodeship environmental protection inspector,
• Occupational health and safety – with the consent of the competent voivodeship sanitary inspector, issued in consultation with the district labour inspector.

 

In the above-mentioned cases, it will therefore not be necessary to obtain a decision based on the minister's authorisation. These changes should therefore shorten waiting times for approvals for derogation from technical and building conditions. However, alternative solutions may be applied only if they do not endanger life or property, worsen sanitary or environmental conditions, or, where public buildings or multi‑family buildings are concerned, restrict accessibility for people with special needs.

 

No more appeals without justification

The new regulations introduce stricter requirements for appeals and complaints filed under the Act. The above submissions must now clearly specify:

• allegations;
• the scope of the claim; and
• supporting evidence.

If a submission lacks any of these elements, the authority will request corrections within at least 14 days. If deficiencies are not addressed within the time limit of at least 7 consecutive days of such request, the appeal or complaint will be left unexamined.

This measure aims to reduce unfounded appeals lodged purely to delay projects, which lead to prolonged proceedings. However, it seems that despite the increase in formalism, unfounded appeals and complaints will still be able to prolong proceedings due to the requirement to request the completion of formal applications, for which the complainant will have at least another seven days. On the other hand, the absence of guidance on what type of evidence is required may result in inconsistent or overly demanding interpretations by authorities.

 

Fewer permits, more notifications

As part of broader deregulation efforts, the Amendment expands the list of works that do not require a building permit. For certain projects, a simple notification to the building supervision authority will now be sufficient, including:

• free‑standing public utility buildings up to two storeys, with a usable area not exceeding 200 m², provided the impact area is contained entirely within the plot(s);
• free‑standing electricity storage systems with a nominal capacity above 300 kWh and up to 2000 kWh;
• telecommunications containers up to 3 m in height and with a footprint of up to 35 m², including their installations and related networks.

The list of works exempt from both building permits and notifications has also been expanded, covering for example:

• certain utility buildings related to agricultural production and complementing farm buildings;

• swimming pools and ponds with an area of no more than 50 m²;

• non-drainage tanks for rainwater or meltwater with a total capacity of no more than 5 m³; or

• technical devices, including masts used to generate wind power with a capacity not exceeding 50 kW.

However, some of these exemptions introduce new obligations, such as post‑construction geodetic surveys. The above changes are intended to reduce formalities and thus speed up the investment process.

 

Implementation of obligations related to protective structures

The Amendment incorporates into the Construction Law the technical requirements arising from the Act on Civil Protection and Civil Defence of 5 December 2024 defence (Journal of Laws, item 1907 and item 1705 of 2025).

These include, among other obligations:

• ensuring that public buildings include protective structures;
• designing underground garages and transport‑related underground facilities so that they can serve as temporary shelters or protective structures.

Applications for building permits for such facilities must now include a statement confirming compliance with these obligations, or stating that no such obligation applies, submitted under criminal liability.

 

Paper construction logs will remain in use for longer

The transition away from paper construction logs has been delayed. Previously scheduled for the end of 2029, paper logs will now remain in use until the end of 2031.

 

The "Yellow card" and facilitation of legalisation

One of the key deregulatory measures introduced by the Amendment is the introduction of the “yellow card” mechanism. If the building supervision authority finds that construction works significantly deviate from provisions and conditions specified in the building permit decision, development project for plot or site, approved designs or legal regulations, it will not have to suspend works immediately.

Instead, it may issue an instruction requiring the investor to bring the works into compliance i.e. a so-called “yellow card”. Only if compliance is not achieved, which is verified within 60 days or earlier upon investor request, will the authority suspend the works. The “yellow card” mechanism is intended to streamline the construction process by eliminating the mandatory decision to suspend work immediately after deviations from the norms are detected, if it is possible to remedy them during the course of the works. The introduction of this mechanism is undoubtedly a positive change.

The Amendment also expands the simplified legalisation procedure. If at least 10 years have passed since the completion of unauthorised works, the authority will check only whether the works pose a threat to human life or health, without examining compliance with detailed technical regulations. This change will make it easier to sort out the legal status of older investments.

 

Entry into force and transitional provisions

Most of the new regulations entered into force on 7 January 2026, however:

• changes to certain definitions and provisions on exemptions from technical conditions will take effect on 20 September 2026, alongside the new regulation on technical conditions for buildings;
• obligations related to the Civil Protection and Civil Defence Act entered into force on 1 January 2026.

Applications and notifications submitted before the entry‑into‑force date are subject to the provisions of the Amendment.

 

Assessment of the regulations

Overall, the Amendment’s changes are largely positive. Clarifying terminology should increase legal certainty and reduce the number of legal disputes.

Measures aimed at reducing formalities, applying alternative solutions and simplifying legalisation align with governmental deregulation goals and should, in theory, accelerate the investment process.

Unfortunately, not all new solutions are clear and understandable. Particularly regulations introducing stricter requirements for appeals, although in principle seem to be a good change, may prove ambiguous in practice. Their effectiveness will depend on how consistently authorities interpret the new rules. An overly liberal interpretation of these requirements may not contribute to reducing the number of unfounded complaints and appeals, while overly strict application of the new regulations may significantly limit the ability of interested parties to fight for their rights.