The current regulations allow the construction of houses up to 70m2 without permission. The revision of construction law will no longer provide for this restriction. The rule is to build all single-family houses without the limit of the use area for own use, without permission. The project is another step in simplifying and accelerating the investment and construction process.
New rules that will start to apply from January 2023, introduce the possibility of building a house above 70 m² only on the basis of a report with the project and construction manager. However, this applies to homes to meet the investor's housing needs, so the simplified procedure will not be available to developers.
On the plus side, the rules on digitalisation in construction should also be assessed by replacing paper form with electronic form. However, it can be considered whether entrusting the construction manager alone with the supervision of the construction process or the decision-making of the building for use will not lead to abuse in this field.
Greater responsibility of construction manager
Although the new regulations do not provide for a limit on the size of the house, a limit on the height of the house has been provided for, as they may have a maximum two storeys.
The procedure for receiving the house will also be changed, which will be significantly simplified, as it will consist solely of confirmation by the manager of the building of the readiness to live.
It can be considered that the new rules will increase the responsibility of the construction manager, who will be responsible for the correctness of the documentation, i.e. the construction project, its compliance with the provisions of the local zoning plan or the construction conditions and the technical-building regulations.
There may be doubts about the change in the introduction of a simplified procedure for the reception of the house, given that the construction of the house will be deprived of control by state authorities.
Removal of the obligation to obtain a use permit
A major change in construction law will also be the elimination of the obligation to obtain a user permit. The permit to use is to be required only if the entry into service of the construction site is to take place before all works are carried out and when the investor voluntarily so requests. In other cases, a notice of completion would be required.
However, the use of the house must be preceded by the submission of documentation in the form of:
- technical design,
- test and checking protocols: connections and installations to ensure the use of the construction site as intended,
- geodesic documentation with the result of geodesic post-executive inventory,
- information on the conformity of the location of the construction site with the site or site development project or of the deviations from that project.
New developments in the digitisation of construction law
The digitalisation of the construction project envisaged in the amendment introduces several solutions, including the creation of a Building Project Database to facilitate access to construction projects to the bodies of architectural and construction administration and construction supervision for applications, notifications and notifications. This means that the investor will be able to indicate the individual number of the project, which was placed in the Building Projects Database, instead of attaching the construction project.
The amendment also introduces the Electronic Book of the Building Facility. In the first stage – to 2027 – The electronic and paper version of the system is expected to apply, while 2027 – only electronic version. The use of Electronic Construction Journal is also to be extended.
Among the changes that have already been introduced is the e-CRUB System (Central Register of Building Allowances), i.e. search engine for persons with building privileges, who already operate from 1 August 2022, replacing the Central Register of persons with building rights and the register of persons punished for professional liability in construction. On the other hand, the decision to register was automated, which will appear as soon as the construction certificate exam has been passed.
The aim of the amendment is mainly to reduce the formalities related to the construction of single-family houses and thus reduce the burden for both investors and the bodies of architectural and construction administration and construction supervision.
On the plus side, the rules on digitalisation in construction should also be assessed by replacing paper form with electronic form.
However, it can be considered whether entrusting the construction manager alone with the supervision of the construction process or the decision-making of the building for use will not lead to abuse in this field. In any case, it is only the entry into force that will allow a detailed assessment of this amendment.