On 1 August 2022 the changes envisaged have entered into force Act dated 7 July 2022 amending the Act – Construction Law and some other laws. What changes in construction law to information on persons with building rights, in particular those relating to e-CRUB, have brought a new piece of legislation?
On 1 August 2022 The Central Register of Persons with Building Permissions (the so-called e-CRUB) was launched. Information identifying building rights, recognised professional qualifications and data relating to the person who acquired those rights or qualifications shall be entered in this register.
Objective of e-CRUB action
Following the explanations made available by the Main Building Supervisory Authority, the e-CRUB system was designed to make available and disseminate the fullest possible list of persons entitled to perform stand-alone technical functions in construction, to increase the effectiveness of verification of powers in offices (building supervision authorities and in architectural and construction administration), to accelerate the possibility of exercising the profession to persons carrying out stand-alone technical functions in construction, to replace the previous CRUB register with a system that can cooperate with other systems (e.g. chambers of professional self-government) or to allow the transmission of data by chambers in electronic form (not paper).
Person who acquired building rights before the day 1 January 1995 and is a member of the chambers of professional self-government, may apply to the competent regional selection committee of the chambers of professional self-government to submit to the Chief Inspector of Construction, using the e-CRUB system, data identifying building rights together with a copy of those powers and data relating to the person who acquired those powers
e-CRUB – Procedure
For the transmission of information via e-CRUB, the procedure is as follows.
As soon as the decision to grant building rights has become final, the competent regional selection committee of the chambers of professional self-government shall transmit to the Main Inspector of Construction Supervision data identifying building rights, recognised professional qualifications and data relating to the person who acquired those rights or qualifications through e-CRUB, using electronic forms.
In the event of a finding of irregularities in the above data transmitted through the e-CRUB system, the Chief Building Supervisor shall invite the competent regional selection committee of the Chamber of Self-government to verify these data, indicating the identified irregularities.
In addition, the competent regional council of the chambers of self-government shall immediately, through the e-CRUB system, provide information on the inclusion in the list of members of the competent chamber of professional self-government and on the deletion or suspension of the rights of a member in order to be disclosed in e-CRUB.
As a general rule, the basis for carrying out independent technical functions in construction shall be an entry in the list of members of the competent chamber of professional self-government confirmed by a certificate issued by that chamber with the period of validity specified therein. Importantly, however, the requirement to submit such a certificate shall not apply to persons enrolled in the e-CRUB system.
It should be noted that, in the light of the Amending Act, the person who acquired the building rights before the day 1 January 1995 and is a member of the chambers of professional self-government, may apply to the competent district selection committee of the chambers of professional self-government to submit to the Chief Inspector of Building Supervision, through the e-CRUB system, data identifying the building rights together with a copy of those powers and data relating to the person who acquired those powers, including information on the previous entries on the list of members of the competent chambers of professional self-government and deletions from that list or suspensions in the rights of the member, using electronic forms.
This application should include the name, address, PESEL number, identity number and series of documents and data identifying the building rights. This application shall be accompanied by the original of the building rights acquired before the date 1 January 1995 or a copy of them attested to the original by a notary.
The competent district selection committee shall verify the data and information contained in the application together with the documents attached within the time limit 3 months after the date of submission of the application and depending on the outcome of that verification, it shall transmit the data and information together with a copy of the building rights, to the Chief Building Supervisor, by means of an e-CRUB system, or shall issue a decision to refuse the transmission of the data and information and a copy of the construction rights to the Chief Building Supervisor.
The decision shall, however, be appealed to the competent national selection committee of the chambers of professional self-government.
It requires that data and information, together with a copy of the building rights, be transmitted to the Chief Inspector of Building Supervision without verification if the building rights which were the basis for the inclusion in the list of members of the competent chambers of professional self-government are the subject of the application.
Oliwia Wójcik
Lawyer. Graduated from the Faculty of Law and Administration at Maria Curie-Skłodowska University in Lublin and Postgraduate Studies of the Legal and Economic Fundamentals of the Investment Process organized by the Warsaw School of Economics. Its professional interests are economic law, with particular emphasis on the law of commitments. He also has practical experience in conducting litigation.