Electronic application in the construction process - worth knowing

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The construction process is not only a construction stage, but above all a lot of applications and documents that must be completed or obtained in order to be able to finally put a dream house on a plot or carry out another larger construction investment. To help investors, designers and engineers comes the amendment to the construction law, which provides an electronic application in the construction process. It is possible to submit these applications through a special e-construction portal.

Digitization of the construction process

From July 2021, it is possible to submit applications for the investment and construction process in an electronic version via the e-construction website. The digitization of the economy is to lead to easier access of state bodies for citizens without the need to visit the office. The lack of paper forms is also supposed to help the architectural and construction administration authorities in their work, thus speeding up the time of work and issuing appropriate permits or documents necessary to start construction works.

From July 2021, 8 new forms are available that we can send via the online service. One of them is an application for a building permit together with an attached plot or land development plan, as well as a construction design.

The amendment to the Construction Law in connection with the digitization of the construction process is reflected in Art. 33, which also provides for the possibility to attach copies to the applications instead of the originals, as was the case until now. Also by adding art. 34, it is possible to create a construction design also in an electronic version, which will require such a design to be affixed with a qualified electronic signature by the body approving the design.

Example 1.

Mrs. Anna received a plot of land from her aunt and decided to use it. Therefore, it intends to build a house with an area of ​​200 m2 on it. Thanks to the amendment to the Construction Law, a building permit can be obtained by the applicant as part of the online application without the need to submit documents in person at the office.

Electronic application in the construction process - submission

An electronic application in the construction process can be submitted via the aforementioned e-construction website, where there are additionally 8 different forms available from July 1. However, in order to successfully send an electronic application in the construction process to an architectural and construction administration authority, you should:

  1. fill out the online form;

  2. attach attachments on the e-PUAP platform;

  3. using the e-PUAP platform, e.g. through a trusted profile, make an electronic signature;

  4. send the completed form with attachments to the office.

In the case of an application for a building permit (PB-1), the entities authorized to submit it are the investor or the investor's attorney. However, the investor may be:

  1. a natural person,

  2. legal person,

  3. an organizational unit without legal personality.

In a given application, it will be necessary to indicate data concerning:

  1. investor,

  2. attorney,

  3. planned investment (type, name, address or registration details).

In addition, in the electronic version it will be necessary to attach the required attachments, such as:

  1. plot or area development plan,

  2. decisions on development conditions,

  3. architectural and construction design,

  4. confirmation of payment of the fee.

Electronic application in the construction process - types

As part of the e-construction service, from July 1, 2021, the following applications can be submitted:

  1. for a deviation from technical and construction regulations,

  2. for a building permit along with the attached plot or area development plan as well as an architectural and construction design,

  3. for a separate decision to approve a plot or land development design or an architectural and construction design,

  4. for a change of the building permit,

  5. for a construction permit for a temporary building object,

  6. to initiate a simplified legalization procedure,

  7. on completion of construction,

  8. for an occupancy permit.

From July 5, 2021, it will be possible to notify the construction or construction works with the land development design or the plot, as well as with the architectural and construction design.

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Example 2.

Mr. Janusz, as an investor of a large construction investment concerning apartment blocks, has completed the works and will soon be able to commission the building for use. To report the completion of construction, he can use the e-construction service and submit an electronic notification of construction completion, which will significantly improve and speed up the commissioning of the building for use.

However, from February 2021, applications may be submitted, for example:

  1. demolition permits,

  2. notifications of construction works (not requiring the attachment of a plot development plan or land development design as well as an architectural and construction design),

  3. demolition notifications,

  4. transfer of the building permit decision,

  5. notifications about the intended date of commencement of construction works,

  6. submitting an application for the preparation of a local plan or for a change in the local plan

Example 3.

Mr. Arek had farm buildings and a garage on his plot, which were reported and appeared on official maps. He would like to build a new house and must demolish the existing premises. In this case, he may submit an electronic declaration of demolition of buildings through the e-construction service.

Legal basis

The Act of July 7, 1994 - Construction Law