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Changes in construction law – vol. 2. e. Construction

Further digitisation of the investment process is due to changes envisaged Act dated 7 July 2022 amending the Act – Construction Law and some other laws.

Further digitisation of the investment process is due to changes envisaged Act dated 7 July 2022 amending the Act – Construction Law and some other laws.

What changes in the e-Building portal building law will the new legislation bring?

Further digitisation of the investment process is due to changes envisaged Act dated 7 July 2022 amending the Act – Construction Law and some other laws. What changes in the e-Building portal building law will the new legislation bring?

As a result of the Amending Act used so-far in Act dated 7 July 1994 – Construction law "at the electronic address specified in the Public Information Bulletin on the subject-matter of the office serving it" was replaced by "on the e-Building Portal". We're checking how the portal works.

Government application for the construction process

e-Building enables the generation of applications, notifications and notifications in the form of an electronic document, so that the existing provisions, in which the Building Law used the wording for the submission of a document in the form of an electronic document via an electronic address, are deleted, while the issue of generating applications, notifications and notifications was to be the subject of a separate chapter in the Act.

What do we do on the e-Building portal?

Added by Amending Law Article 79a Act – Construction law therefore provides that the e-Building portal is to provide for the possibility of generating the following documents:

  • the application for a construction permit;
  • the declaration of construction or execution of other works;
  • the application for a demolition licence;
  • the declaration of demolition;
  • a statement of the right to dispose of the property for construction purposes;
  • an application for a separate decision to approve a plot or site or architectural-building project;
  • an application for modification of the construction permit;
  • an application for a permit to build a temporary construction site;
  • the application for transfer of the decision to permit construction;
  • request for transfer of the decision to permit the resumption of the works in question under Article 51(4);
  • a request for transfer of rights and obligations resulting from a notification against which the authority has raised no objection;
  • notification of the intended date of commencement of construction works;
  • request for a decision to exclude the application of the provisions Article 45a(1);
  • an application for a decision to enter a neighbouring building, premises or adjacent property;
  • an application for a simplified legalisation procedure;
  • notification of completion of construction;
  • an application for a use permit;
  • a notification of a change in the use of the building or its parts.

How can e-Building be used?

The e-Construction portal is an official government application to submit applications in the construction process. The use of the portal depends on the creation of an account. Account access is done either by authentication or – without authentication – by user ID and password. After logging in, we have access to applications, as well as previews of those we have already generated.

When the e-Building account is deleted, all data on this account, including the account user, and the documents stored in the account are automatically deleted. The account can be deleted by the account user at any time or automatically by the portal itself if the account user does not use this account for a period of time 2 years (counted since last login).

On the portal we will also find answers to frequently asked questions, such as.

How to save drawings in a construction project?

either

What happens if the investor sends the application with the project does not agree to electronic communications? Will there be a printed project in the office?

Author: 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.

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