Istnieje tekst jednolity Construction Law z dnia 7 lipca 1994 r. (Dz.U. tłum. gb Nr 89, poz. 414)

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1 Istnieje tekst jednolity Construction Law z dnia 7 lipca 1994 r. (Dz.U. tłum. gb Nr 89, poz. 414) Rozdział 1. General provisions. Art. 1 [Subject matter] This Act - Construction Law, hereinafter referred to as the act, regulates activity comprising design, construction, maintenance and demolition of building structures and sets out the principles for operation of public administration authorities in these areas. Art. 2 [Continued] 1. The act does not apply to mining works. 2. The provisions of this act do not prejudice other separate provisions, in particular: 1) the geological and mining law - with respect to building structures of mining plants; 2) the water law - with respect to water appliances; 3) on protection and custody of historical monuments - with respect to structures and areas entered into the register of historical monuments and structures and areas covered by conservator s preservation based on the local development plan. Art. 3 [Terminology] If this act refers to: 1) building structure - it shall be understood as: a) a building with installations and technical facilities, b) a construction structure being a technical and usable entirety with installations and facilities, c) small architecturstet structure; 2) building - it shall be understood as such a building structure that is permanently attached to the ground, separated from the space with building partitions and has foundations and a roof; 2a) single family building - it shall be understood as a detached building or a building in a semi-datached, row or group development which is intended for housing needs, and which forms a structurally independent entirety, in such a building it is allowed to form not more than two living quarters or one living quarter and one business quarter of a total area not exceeding 30% of the total building area; 3) construction structure - it shall be understood as every building structure that is not a building or a small architecture structure, such as: airports, roads, railroads, bridges, overpasses, tunnels, technical networks, free-standing antenna masts, free-standing and permanently attached to the ground advertisement installations, ground construction structures, defense facilities, protective, hydro technical, tanks, free standing industrial installations or technical facilities, wastewater treatment plants, waste disposal sites, water treatment stations, resistance structures, over- and underground pedestrian passages, land development networks, sport construction structures, cemeteries, monuments, as well as construction parts of technical facilities (including boilers, industrial furnaces and other facilities) and foundations for machinery and facilities being, from the technical perspective, separate parts of objects forming usable entirety; 4) small architecture structure - it shall be understood as small structures, in particular: a) of worship, such as wayside shrines, wayside crosses, little statues, b) statues, fountains and other objects of garden architecture, c) usable structures intended for daily recreation and keeping order such as sandboxes, swings, ladders, trash bins; 5) provisional building structure - it shall be understood as a building structure intended for temporary use in a period which is shorter than its technical durability, and intended for transfer to another location or for demolition, as well as a building structure which is not permanently attached to the ground such as: rifle ranges, street kiosks, street and exhibition vending pavilions, tent coverings and pneumatic covers, entertainment facilities, construction site trailers, container objects; 6) construction - it shall be understood as performance of building structure in a certain location, as well as restoration, extension of, and adding a superstructure to a building structure; 7) construction works - it shall be understood as construction as well as works comprising reconstruction, assembly, repair or demolition of a building structure; 8) repair - it shall be understood as performance of construction works in an existing building structure, such works comprising reconstruction of the original state but not being current maintenance works, it is allowed, however, to use construction products other than those used in the original state; 9) building facilities - it shall be understood as technical facilities connected with a building structure that ensure the use of the structure in accordance with its purpose, such as terminals and installations, including those intended for purification or collection of sewage, as well as road passages, fences, parking lots and trash bin locations; 10) construction site - it shall be understood as a space where construction works are carried out, together with a space occupied by construction yard facilities; 11) right to use the real property for construction purposes - it shall be understood as a legal title resulting from the ownership right, perpetual usufruct right, management, limited right in property or contractual relationship providing for the right to perform the construction works; 12) construction permit - it shall be understood as an administrative decision permitting to commence and carry out or perform construction works other than construction of a building structure; 13) construction documentation - it shall be understood as a construction permit with the attached construction design, construction log, partial and final technical acceptance protocols, as needed, drawings and specifications for the structure s realization, basic trig data and quantity survey book, and in the case of realization of structures with the assembly method - the assembly log; 14) post-execution documentation - it shall be understood as a construction documentation with all amendments made during the execution of works, and with post-execution geodetic quantity surveys; 15) restricted area - it shall be understood as a restricted area referred to in the geodetic and cartographic law;

2 16) (repealed) 17) competent authority - it shall be understood as the authority of the architectural and construction administration, as well as the authority of the construction supervision, pursuant to their competence, as referred to in chapter 8; 18) (repealed) 19) professional self-government authority - it shall be understood as the authorities referred to in the act of December 15, 2000 on professional self-government of architects, construction engineers and urban planners (Journal of Laws of 2001 No. 5, item 42, of 2002 No. 23, item 221, No. 153, item 1271 and No. 240, item 2052 and of 2003 No. 124, item 1152); 20) area impacted by the structure - it shall be understood as an area delimited in the midst of the building structure, based on separate provisions, providing for restrictions related to such structure in the development of such area; 21) (repealed) Art. 4 [Right to develop] Everyone has the right to develop real estate if the right to use the real property for construction purposes is proved, provided that such construction intention is in conformity with the provisions of law. Art. 5 [Rules for proper development] 1. A building structure, together with the attached building facilities, shall be designed and constructed, as provided for in the relevant provisions of law, including technical and construction regulations, taking into account the expected period of use, and in accordance with technical knowledge principles, ensuring: 1) that basic requirements are fulfilled related to: a) the structure s safety, b) fire safety, c) usage safety, d) adequate conditions for hygiene and health and natural environment protection, e) protection against noise and vibrations, f) energy saving and adequate heat retention of partitions; 2) using conditions consistent with the structure s assignment in particular those related to: a) water and electric power supply and, according to needs, heating energy and fuels supply, based on the principle of their effective use, b) sewage, rain water and waste disposal; 3) possibility to maintain a proper technical state; 4) necessary conditions for use of the public use structures and housing multifamily buildings by disabled persons, in particular those on wheel chairs; 5) work safety and hygiene conditions; 6) protection of inhabitants in accordance with civil defense requirements; 7) protection of structures entered into the register of historical monuments and structures covered by conservator s preservation; 8) proper location on the building plot; 9) respect for the reasonable interests of third persons that exist in the area impacted by the structure, including ensuring of the access to a public road; 10) conditions for safety and health protection of persons on the construction site. 2. A building structure shall be used in accordance with its designation and natural environment protection requirements, and shall be maintained in a proper technical and aesthetic condition, it shall not be allowed that its usage and technical propriety be excessively worsened, in particular within the scope related to requirements refarred to in item 1 points 1 to 7. Art. 5a [Linear structure construction] 1. In the case of a linear structure construction, the route of wich was provided for in a local development plan, as well as in the case of other construction works related to linear structure, if there are more than 20 parties to the proceedings, Art. 49 of Code for the administration procedure shall apply. 2. The provisions of item 1 shall not apply to the investor and owners, perpetual users and real property managers if there are or will be construction works performed on such real properties. Art. 6 [Space development] For building plots or areas where the construction of building structures or functionally connected building structure complexes is planned, a proper development should be designed, pursuant to the requirements of Art. 5, such development shall be performed before such structures (complexes) are transferred for use and it shall be ensured that such development is maintained in a proper technical and usable state throughout the period during wich such structures (complexes) exist. Art. 7 [Technical conditions] 1. The technical and construction regula tions comprise: 1) technical conditions applicable to building structures and their location that meet the requirements referred to in Art. 5; 2) technical conditions for use of building structures. 2. The conditions referred to in item 1 point 1 shall be determined in an ordinance by: 1) the minister competent for construction, development and housing economy for buildings and facilities attached thereto; 2) competent ministers, in agreement with the minister competent for construction, development and housing economy for building structures, other than those referred to in point The conditions referred to in item 1 point 2 may be determined in an ordinance by: 1) the minister competent for construction, development and housing economy - for housing buildings; 2) competent ministers, in agreement with the minister competent for construction, development and housing economy - for other building structures. Art. 8 [Authorization] The Council of Ministers may determine, in an ordinance, additional technical conditions applicable to buildings intended for safety and state defense, or indicate which provisions issued based on Art. 7 item 2 point 1 shall not apply to such buildings.

3 Art. 9 [Departures] 1. In particularly justified cases, a departure from the technical and construction regulations, referred to in Art. 7, shall be permitted. Such departure must not cause any danger to human life or property safety, and with reference to the structures referred to Art. 5 item 1 point 4 - any limitations of access for disabled persons, and should not cause any worsening of health and sanitary and usage conditions, as well as the natural environment condition, and after specific substitute conditions have been fulfilled. 2. The competent authority, upon authorization by the minister who issued the technical and construction regulations, grants or refuses its consent for such departure by way of a resolution. 3. An application to the minister, referred to in item 2, regarding the authorization to grant the consent to a departure shall be lodged by the competent authority before the decision on the construction permit is issued. Such application should include: 1) the characteristics of the structure and, if necessary, the design for plot or space development, and if the departure may influence the natural environment or neighbouring real property - also development designs for those real properties, taking into account the existing and planned building development; 2) a detailed motivation for the need for the departure; 3) a proposal for substitute solutions; 4) a positive opinion of voivod historical monuments conservator in relation to building structures entered in the register of historical monuments and other building structures situated in the areas covered by the conservator s preservation; 5) if necessary - a positive opinion of other interested authorities. 4. The minister referred to in item 2 may make the authorization to consent to the departure conditional upon fulfillment of additional conditions. Art. 10 [Construction products] Products made for the purpose of use in a building structure in a permanent manner, having usable features that enable properly designed and executed building structures to fulfill the basic requirements, referred to in Art. 5 item 1 point 1, may be used when performing the construction works only if such products were entered into the trade in accordance with separate provisions. Art. 10a (repealed) Art. 11 [Authorization] 1. The minister competent for health matters shall determine, in an ordinance, the permitted concentrations and intensities of agents harmful for health emitted by construction materials, facilities and components of furniture in rooms intended for human residence. 2. The minister competent for agriculture, in agreement with the minister competent for health matters, may determine, in an ordinance, the permitted concentrations and intensities of harmful agents in rooms intended for animals. Rozdział 2. Independent technical functions in the construction industry. Art. 12 [Definition] 1. The independent technical function in the construction industry is considered an activity connected with the need for professional assessment of technical phenomenons or independent solutions of architectural, technical and technical-organizational matters, and in particular comprising: 1) designing, verifying architectural and construction designs and performing the author s supervision; 2) management of construction or other construction works; 3) management of structural building elements production, and supervision and technical control over such elements production; 4) performance of investor s supervision; 5) performance of technical control of maintenance of building structures; 6) (repealed) 7) construction expertise. 2. Independent technical functions in the construction industry, referred to in item 1 points 1 to 5, may be exercised exclusively by persons who have appropriate technical education and professional training, suitable for the type, complexity of activity level, and other requirements connected with the function being performed, confirmed by a decision, hereinafter referred to as construction qualifications certificate, issued by a professional self-government authority, subject to Art. 16 item The obtaining of the construction qualifications certificate shall be subject to passing an exam on knowledge of the provisions of law concerning the construction process and the skill of practical application of technical knowledge. 4. The exam is to be taken before an examination committee appointed by the professional self-government authority or another authorized body. 5. The costs of the qualification procedure, comprising in particular the remuneration of examination committee members, shall be borne by the person applying for the construction qualifications certificate. 6. Persons performing independent technical functions in the construction industry are responsible for performing such functions in accordance with the provisions of law and technical knowledge principles and for exercising due diligence when performing their work, for its proper organization, safety and quality. 7. The entry into the central register, referred to in Art. 88a item 1 point 3 letter a, made by way of a decision, and, in accordance with separate provisions, entry into a list of members of the relevant professional self-government bar, confirmed by a certificate issued by such bar with an expiry date indicated in such certificate, shall be the basis for performing independent technical functions in the construction industry. 8. Persons having a relevant construction profession master diploma, according to the provisions on craft, shall also be authorized to manage the construction works within a charged scope, with the exception of works at historical monument structures. Art. 12a [Verification]

4 1. Independent technical functions in the construction industry, a part from the persons referred to in Art. 12, may also be performed by citizens of the European Economic Area and the Swiss Confederation who: 1) have the right to perform activities corresponding to independent technical functions in the construction industry in these countries; 2) have graduated from a foreign university recognized as equivalent in Poland; 3) have completed a two-year apprenticeship designing or on the construction. 2. A competent self-government authority carries out a verification procedure within the scope referred to in item 1 and issues a decision on awarding the construction qualifications certificate. 2a. The provisions of item 1 points 2 and 3 shall not apply to persons who have been awarded a professional title of architect for special achievements in architecture by a European Union member state. 3. The provisions of this act, with the exception of Art. 14 item 3, shall apply to the persons referred to item 1. Art. 12b [Another procedure] An international agreement, executed on mutual recognition, may provide for another procedure for awarding construction qualifications certificate. Art. 12c [Recognition of professional qualifications in architecture] The minister competent for construction, development and housing economy, in agreement with the minister competent for education, shall determine, in an ordinance, a list of diplomas, certificates and other documents and scientific degrees which confirm the possession of professional qualifications in architecture, issued by European Union member states and European Free Trade Agreement member states - parties to the agreement on the European Economic Area which are recognized in the Republic of Poland, taking into consideration the European Union requirements relating to professional qualifications recognition. Art. 13 [Construction qualifications certificate] 1. The construction qualifications certificate may be awarded to: 1) design; 2) manage construction works. 2. In the construction qualifications certificate there should be specified the area, the technical and construction specialization (if any), and the scope of design works or construction works covered by a given qualifications certificate. 3. The qualifications certificate to manage the construction works is also the basis for performing independent technical functions, referred to in Art. 12 item 1 points 3 and The qualifications certificate to design or to manage the construction works is also the basis for performing independent technical functions in the construction industry, referred to in Art. 12 item 1 points 5 and 6. Art. 14 [Continued] 1. The construction qualifications certificate is granted in the following areas: 1) architecture; 2) construction and building; 2a) roads; 2b) bridges; 2c) railroads; 2d) demolishing; 2e) telecommunication; 3) (repealed) 4) installation in the scope of heat, ventilation, gas, waterworks and sewage networks, installations and facilities; 5) installation in the scope of electricity and electric power networks, installations and facilities; 6) (repealed) 2. Technical and construction specializations may be separated within the areas referred to in item In order to obtain a construction qualifications certificate in the areas referred to in item 1, it is required: 1) for unlimited designing and verification of architectural and construction designs: a) a university degree adequate for a given area, b) two-year apprenticeship in designing, c) one-year apprenticeship on the construction; 2) for limited designing: a) a secondary degree adequate for a given area or corresponding university degree, b) five-year apprenticeship in designing, c) one-year apprenticeship on the construction; 3) to unlimited management of construction works: a) a university degree adequate for a given area, b) two-year apprenticeship on the construction; 4) to limited management of the construction works: a) a secondary degree adequate for a given area or corresponding university degree, b) five-year apprenticeship on the construction; 5) (repealed) 4. A precondition to credit the professional training is to take direct part in designing works or to perform a technical function on the construction under the management of a person having a relevant construction qualifications certificate, and in the case of foreign training, under the management of a person having qualifications relevant in that country. Art. 15 [Experts] 1. A construction expert can be a person who: 1) enjoys full public rights; 2) has: a) a university diploma, b) an unlimited construction qualifications certificate and at least 10 years apprenticeship after such certificate was obtained, c) the opinions of two construction experts of the relevant area.

5 2. Subject to Art. 16 item 2, the competent professional self-government authority, on the interested party s motion, shall determine in a decision on awarding the construction expert title and shall determine, based on opinions referred to in item 1 point 2 letter c, and based on the apprenticeship completed, the scope of exercising the construction expert function. Such scope may not exceed the scope of technical and construction area covered by the qualifications already acquired. 3. The entry into the central register of construction experts, made by way of a decision, shall constitute the basis to commence construction expert s activities. 4. The deletion from the central register of construction experts shall be made: 1) at the expert s request; 2) in case of: a) deprivation of public rights, b) loss of construction qualifications certificate, c) the expert s death. Art. 16 [Authorizations] 1. The minister competent for construction, development and housing economy shall determine the following in an ordinance: types and scope of professional training for performing independent technical functions in the construction industry, the manner of confirmation of such training, limitation of the scope of construction qualifications certificate, a list of education faculties relevant for and corresponding with a given area, a list of specializations distinguished within particular areas, as well as the procedure and scope of the exam, principles of payments for qualification procedure and principles of remuneration of examination committee members. 2. to 6. (repealed) Rozdział 3. Rights and duties of the construction process participants. Art. 17 [Participants in the construction process] The participants in the construction process, within the meaning of this act, are: 1) investor; 2) investor s supervision inspector; 3) designer; 4) construction manager or works manager. Art. 18 [Investor s duties] 1. The investor s duty is to arrange the construction process taking into account the principles of safety and health protection, as provided in the relevant provisions of law, and in particular to ensure: 1) preparation of the construction design and other designs, as necessary, 2) the assumption of the management of the construction by the construction manager, 3) preparation of a safety and health protection plan, 4) execution and acceptance of construction works, 5) supervision over the performance of construction works, in cases justified by a high level of complexity of the construction works or conditions relating to the land - by persons having relevant professional qualifications. 2. The investor may appoint an investor s supervision inspector on the construction. 3. The investor may impose on the designer a duty to perform the author s supervision. Art. 19 [Specific cases] 1. The competent authority may impose on the investor in the decision on the construction permit, an obligation to appoint the investor s supervision inspector, as well as an obligation to provide the author s supervision in cases justified by a high level of complexity of the structure or construction works or anticipated impact on the natural environment. 2. The minister competent for construction, development and housing economy shall determine, in an ordinance, types of building structures the development of which requires the appointment of the investor s supervision inspector, and a list of building structures and technical criteria that should be followed by the authority when imposing on the investor the obligation to appoint the investor s supervision inspector. Art. 20 [Designer s duties] The designer s basic duties include: 1) to prepare the construction design in accordance with the decision on conditions for construction and land development or in the permit referred to in Art. 23 and 23a of the act dated March 21, 1991 on maritime sites of the Republic of Poland and the maritime administration (Journal of Laws of 2003 No. 153, item 1502 and No. 170, item 1652, and of 2004 No. 6, item 41), the requirements of the act, provisions of law and technical knowledge principles; 1a) to ensure, if necessary, that the design is prepared with the participation of persons having the construction qualifications certificate for designing of a relevant area and to ensure the mutual technical coordination of designs prepared by such persons that ensure that the principles of safety and health protection in the construction process, referred to in relevant provisions of law, including the specifics of the designed building structure, are considered; 1b) to prepare information on safety and health protection in relation to the specifics of the designed building structure, referred to in the safety and health protection plan; 2) to obtain required opinions, arrangements and verifications of design solutions within the scope provided by relevant provisions of law; 3) to explain any doubts concerning the design and the solutions included therein; 3a) to prepare and agree the individual technical documentation referred to in Art. 10 item 1 of the act dated April 16, 2004 on construction products (Journal of Laws No. 92, item 881); 4) to perform the author s supervision, on the investor s or competent authority s request, as regards: a) the declaration that the development is in compliance with the design in the course of the construction works performance,

6 b) the arrangements on any possibility to introduce solutions being substitute to those provided by the design, as notified by the construction manager or the investor s supervision inspector. 2. The designer is obliged to ensure that the architectural and construction design is verified in terms of compliance with the provisions of law, including technical and construction regulations, by a person having the construction qualifications certificate to unlimited designing of a relevant area or by a construction expert. 3. The obligation referred to in item 2 shall not apply to: 1) the matters covered by verification and opinions based on secondary provisions; 2) designs of building structures of a simple structure, these to include: single-family buildings, and small farm, stock and storage structures. 4. The designer, as well as the verifying person referred to in item 2, shall attach to the construction design a statement that the construction design has been prepared in accordance with the provisions of law in force and the technical knowledge principles. Art. 21 [Designer s rights] The designer, in the course of the construction development, has the right to: 1) enter the construction site and make any entries in the construction log which concern its development; 2) request, with an entry in the construction log, a suspension of the construction works in case: a) a possible danger is found, b) the works are performed inconsistently with the design. Art. 21a [Safety and health protection plan] 1. The construction manager is obliged, based on the information referred to in Art. 20 item 1 point 1b, to prepare or to ensure the preparation of a safety and health protection plan prior to the commencement of the construction, taking into consideration the specifics of the building structure and the conditions for construction works performance, including anticipated construction works and industrial production to be carried out at the same time. 1a. The safety and health protection plan on the construction shall be prepared if: 1) at least one of the types of construction works referred to in item 2 is to be performed during the construction or 2) the anticipated construction works are to be carried out for a period exceeding 30 business days and at least 20 employees are to be employed at the works at the same time or the labour consumption of the anticipated works exceed 500 person/days. 2. The specific characteristics of the following types of construction works shall be included in the plan referred to in item 1: 1) the features, organization or performance site of wich create a significantly high risk of danger to human safety and health and in particular a danger of soil shifting or a fall from a height; 2) the performance of which creates chemical substance or biological factors impact that endangers human safety and health; 3) that create a danger of ionizing radiation; 4) performed nearby high tension systems or operational communication lines; 5) that create a risk of employees drowning; 6) performed in wells, under the ground and in tunnels; 7) performed by drivers of vehicles powered by overhead wires; 8) performed in caissons with the atmosphere made of compressed air; 9) that require the use of explosives; 10) performed by the assembly and disassembly of heavy prefabricated elements. 3. The requirements for safety and health protection at the construction works performance are provided in separate provisions relating to work safety and hygiene. 4. The minister competent for construction, development and housing economy shall determine in an ordinance: 1) the detailed scope and form of: a) information on safety and health protection, b) safety and health protection plan, taking into consideration the specific characteristics of the building structure being designed; 2) the detailed scope of types of construction works referred to in item 2, taking into consideration the level of danger created by particular types of such works. Art. 22 [Construction manager s duties] The construction manager s basic duties include: 1) to take over from the investor, in the form of a protocol, and to appropriately secure the construction site with any building structures, technical facilities and permanent marks of geodetic mainline and protected elements of natural and cultural environment existing on the construction site; 2) to keep construction documentation; 3) to secure the geodetic demarcation of the structure, and to arrange the construction and to manage the construction of the building structure in accordance with the design and the construction permit, provisions of law, including technical and construction regulations, and in accordance with work safety and hygiene regulations; 3a) to co-ordinate the performance of tasks which prevent the danger to safety and health protection: a) when preparing technical or organizational foundations for the planned construction works or their particular stages that are to be performed at the same time or successively, b) when planning the timeframe required to complete the construction works or their particular stages; 3b) to co-ordinate actions that will ensure that the principles of safety and health protection referred to in the provisions referred to in Art 21a item 3 and in the safety and health protection plan are complied with during the course of the construction works performance; 3c) to introduce necessary amendments to the information referred to in Art. 20 item 1 point 1b and in the safety and health protection plan, as results from the construction works progress; 3d) to take all necessary actions that will prevent unauthorized persons from entering to the construction site; 4) to suspend the construction works if there is a possible danger found and to notify the competent authority thereof immediately; 5) to notify the investor that an entry in the construction log has been made to the effect that the construction works are suspended due to the fact that their performance was not compliant with the design; 6) to perform the recommendations entered in the construction log; 7) to notify the investor of the completed works, which will be covered or will disappear, for the investor s verification or acceptance and to secure that testing and control of installations, technical facilities and chimney

7 ducts are made, as required by the provisions of law or by the contract, before the building structure is notified for the acceptance procedure; 8) to prepare the post-execution documentation for the building structure; 9) to submit the building structure to the acceptance procedure by making an appropriate entry in the construction log, and to take part in the acceptance tasks and to ensure that all detected defects are eliminated, as well as to transfer the statement referred to in Art. 57 item 1 point 2 to the investor. Art. 23 [Construction manager s rights] The construction manager has the right: 1) to apply to the investor for the introduction of amendments in the design solutions if they are justified by the need to increase the safety of the construction works development or the improvement of the construction process; 2) to make comments in the construction log on any recommendations included therein. Art. 23a (repealed) Art. 24 [Prohibition of combination] 1. It is not permitted to combine the functions of the construction manager and the investor s supervision inspector. 2. The provisions of item 1 and Art. 22 and Art. 23 shall apply respectively to the works manager. Art. 25 [Supervision inspector s duties] The investor s supervision inspector basic duties include: 1) to represent the investor on the construction by exercising control over the conformity of the construction with the design and the construction permit, the provisions of law and the technical knowledge principles; 2) to inspect the quality of the works performed and construction products built-in, and in particular to prevent the use of construction products that are defective and not allowed to be used in the construction industry; 3) to inspect and accept the construction works that will be covered or will disappear, to take part in the testing and technical acceptance of installations, technical facilities and chimney ducts, and to prepare and take part in the acceptance tasks of ready building structures and to transfer them for use; 4) to confirm the actually performed construction works and the removal of defects, as well as, at the investor s request, to verify the construction accounts. Art. 26 [Supervision inspector s rights] The investor s supervision inspector has the right: 1) to give instructions to the construction manager or the works manager, confirmed by the entry in the construction log, relating to: the elimination of any irregularities or dangers, making tests or research, also those requiring the works or covered elements to be uncovered, and the presentation of experts opinions concerning the construction works carried out and the evidence of admittance to the trade of construction products and technical facilities; 2) to request that the construction manager or works manager make any changes or perform once again the works that have been defectively made, as well as that further construction works be suspended if their further performance could create a danger or cause inadmissible inconsistency with the design or the construction permit. Art. 27 [Designation of coordinator] In the case of the construction of a building structure which requires that investor s supervision inspectors of different areas be appointed, the investor designates one of them as the person coordinating their actions at the construction. Rozdział 4. Procedure preceding the commencement of construction works. Art. 28 [Obligation to obtain permit] 1. The construction works may be commenced solely on the basis of a final decision on the construction permit, subject to Art The parties to the proceedings related to the construction permit are: the investor and owners, perpetual usufructors or managers of the real property located in the area impacted by the structure. 3. The provisions of Art. 31 of the Code for the administration procedure shall not apply to the proceedings related to the construction permit. Art. 29 [Exemption from the obligation to obtain permit] 1. The construction permit shall not be required for the construction of: 1) farm structures connected with agricultural production and supplementing the farm buildings within the existing settlement plot: a) single-storey farm buildings with a building area of up to 35 sq.m, with the structure span not exceeding 4.80 m, b) plates for cow dung storing, c) hermetic containers for liquid manure or dung with the capacity of up to 25 m 3, d) ground silos for loose materials with the capacity of up to 30 m 3 and the height not exceeding 4.5 m, e) container dryers with the building capacity up to 21 sq.m; 2) free-standing farm buildings, umbrella roofs and summer houses with the building capacity of up to 10 sq.m, with the reservation that the total number of such structures may not exceed one for each 500 sq.m of the plot area and the plot area may not be less than 500 sq.m; 3) individual house wastewater treatment plants with the capacity of up to 7.50 m 3 per day; 4) summer houses and farm structures in the employee gardens with the building capacity of up to 25 sq.m in towns and of up to 35 sq.m outside towns and with the height of up to 5 m at steep roofs and of up to 4 m at flat roofs; 5) bus and train platform roofs; 6) farm buildings with the building capacity of up to 20 sq.m intended for back room for current maintenance of railways located on the areas owned by the State Treasury and managed by the railway management; 7) free-standing telephone booths; 8) self-powered parking meters; 9) school sports fields and recreational sports fields, tennis courts, sport tracks;

8 10) halting spots for cars of up to 10 stands inclusive; 11) parking bays on voivod, powiat and commune roads, 12) provisional building structures that are not attached permanently to the ground and planned for demolition or for transfer to another location, within the deadline set forth in the notification referred to in Art. 30 item 1 but not later than 120 days from the construction commencement date, as notified in the notification; such exemption does not concern structures of significant impact on the natural environment as provided in the provisions on the natural environment protection; 13) farm building structures with a building area of up to 35 sq.m, with the structure span not exceeding 4.80 m intended exclusively for the forest economy and situated on the State Treasury s forest land; 14) building structures damming waters and flood gates with a dam height below 1 m outside navigable rivers and outside national parks, nature reserves and landscape parks and their protection zones; 15) outdoor household swimming pools and waterholes with the area of up to 30 sq.m; 16) foot-bridges with a total length of up to 25 m and height, calculated from the foot-bridge top to the bottom of the reservoir, up to 2.5 m intended for: a) mooring small vessels such as boats, canoes, yachts, b) fishing, c) recreational purposes; 17) coast surroundings and other artificial, on the surface or linear, coasts fortification of rivers and mountain water streams and sea coast, coast of sea internal waters that are not resistance facilities; 18) access ramps for disabled persons; 19) container installations for liquid gas with a single container with the capacity of up to 7 m 3 intended to supply gas installations in single family buildings; 20) terminals to buildings: electric power, water supply, sewage, gas, heat and telecommunications; 21) measuring facilities with fences and internal roads, of national hydrological and meteorogical service and national hydro geological service: a) stations for: water indicators, meteorological, rainfall and underground waters, b) posts for: observation of underground waters state and monitoring of underground water quality, c) observation standpipes and sources built round; 22) small architecture structures; 23) fences; 24) structures intended for temporary use in the course of construction works execution, situated on the construction site, and placing construction site trailers used at the construction works, geological research and geodetic surveys; 25) provisional building structures that are exhibits only and have no utility functions, situated on areas designed therefor; 26) geodetic marks, as well as triangular objects outside national parks and nature reserves. 2. The construction permit shall not be required for the following construction works: 1) repair of existing building structures except for structures entered into the register of historical monuments if it does not relate to the alteration or replacement of the structure s frame elements and gas installations, subject to point 2, or securing against the impact of mining exploitation or flood; 2) repair of gas installations in living quarters and repair of liquid gas installations in single-family buildings; 3) reconstruction and repair of the following building terminals: electric power, water supply, sewage, gas, heat and telecommunication; 4) additional heating isolation of: a) buildings walls of a height of up to 12 m, b) buildings roofs; 5) hardening of ground surface on building plots, 6) installation and repair of advertisement boards and facilities, except for luminous and light advertisements situated outside the built-over areas, as defined in the provisions on the road traffic; 7) repair of the foot-bridges, referred to in item 1 point 16; 8) repair of river flood-control structures; 9) construction and repair of particular water drainage devices, except for: a) ground cultivation ponds, b) water drainage facilities situated within national parks, nature reserves and landscape parks and their protection zones; 10) construction and repair of intra-land surface water intakes of a capacity below 50 m 3 /h and surrounding of underground water intakes; 11) reconstruction and repair of telecommunication, electric power, water supply, sewage and heat networks made on the existing routes; 12) reconstruction and repair of roads, railways and railway facilities; 13) performance of cleaning drawing works consisting in removing the shallow bottom created in the course of pools and haven channels and water tracks use, in relation to the technical (utility) depth and underwater slopes slant of the reservoir, covered by the obtained water permit and permit for drawing works; 14) installation of iron bars on building structures; 15) installation of facilities on building structures. Art. 30 [Obligation to notify] 1. A notification must be provided to the competent authority for: 1) the construction referred to in Art. 29 item 1 points 1-3 and points 5-21; 2) performing the construction works referred to in Art. 29 item 2 points 1-13; 3) construction of fences by roads, streets, squares, railway tracks and other public areas and fences with a height exceeding 2.20 m and performing construction works which consist in the installation of: a) iron bars on multifamily housing buildings, of public use and collective habitation and on the structures entered into the register of historical monuments, b) facilities on the building structures of a height exceeding 3 m. 4) construction of small architecture structures in public places. 2. The notification should include the type, scope and the manner of construction works performance and the date of their commencement. The statement referred to in Art. 32 item 4 point 2 and, as needed, relevant

9 sketches or drawings, as well as permits, arrangements and opinions required by separate provisions should be attached to the notification. If any supplements to the notification are necessary, the competent authority shall impose on the applicant, in a resolution, the obligation to supplement the notification with necessary documents within an indicated deadline and if such documents are not provided - it lodges an objection by issuing a decision. 3. A design for plot or space development together with a technical description of installations, prepared by a designer having a relevant construction qualifications certificate, should be attached to the notification referred to in Art. 29 item 1 points 19 and 20. The design for plot or space development, in the case of the construction of the gas installation referred to in Art. 29 item 1 point 19, should be agreed with the body competent for fire protection systems. 4. The notification of the construction referred to in item 1 point 4 should also be supplemented with a design for plot or space development prepared by a designer having a relevant construction qualifications certificate 5. The notification referred to in item 1 should be made prior to the date of intended commencement of construction works. The construction works may be commenced, if the competent authority, within 30 days of delivery of the notification, does not lodge any objections by issuing a decision, and not later than 2 years from the date of commencement of works, as set forth in the notification. 6. The competent authority shall lodge the objection if: 1) the notification concerns construction or performing construction works for which the construction permit is required; 2) the construction or performing construction works referred to in the notification is in breach of the provisions of local development plan or other provisions of law; 3) the notification concerns the construction of the provisional building structure referred to in Art. 29 item 1 point 12 in the location where such structure already exists. 7. The competent authority may impose, in the decision referred to in item 5, an obligation to obtain a permit to develop a specific structure or construction works covered by the obligation to notify referred to in item 1, if their development may infringe the provisions of the local development plan or may cause: 1) danger to human or property safety; 2) deterioration of the natural environment or state of historical monuments; 3) deterioration of health and sanitary conditions; 4) introduction, strengthening or increase of limitations or onerousness for neighbouring space. Art. 31 [Demolition] 1. The construction permit shall not be required for the demolition of: 1) buildings and construction structures - not entered in the register of historical monuments and not covered by the conservator s preservation - with a height below 8 m, if their distance from the plot border is not less than the half of the altitude; 2) structures and building facilities that do not require the construction permit, provided that they are not protected historical monuments. 2. The demolition of building structures, referred to in item 1 point 1, requires prior notification to the competent authority, such notification should include the type, scope and the manner of such works performance. The provisions of Art. 30 item 5 shall apply respectively. 3. The competent authority may impose an obligation to obtain the permit for demolition of structures referred to in item 1 point 1 if such demolition: 1) may cause deterioration of the water ratio, sanitary conditions and natural environment, or 2) requires that certain conditions are met and the performance of works connected with the demolition may be subject to such conditions being met. 4. The competent authority may request, for the sake of human or property safety, that information on the building structure or on the demolition works performance be submitted. 5. The protection and demolition works may be commenced before the demolition permit is obtained or prior to the notification of such works, if their purpose is to remove a direct danger to human or property safety. The commencement of such works shall not release from the obligation to immediately obtain the demolition permit or to notify on the intended demolition of a building structure. Art. 32 [Requirements applicable to permits] 1. The construction or demolition permit related to the building structure may only be issued after: 1) the proceedings relating to the assessment of the impact on the natural environment, as required by relevant provisions concerning natural environment protection, have been conducted; 2) the investor has obtained permits, arrangements or opinions of other authorities, as required by secondary provisions. 2. The arrangement, consent or opinion referred to in item 1 point 2 should be made within 14 days of the date when proposed solutions have been presented. If the authority takes no position within this deadline it shall be deemed that no objections have been made to the proposed solutions. 3. The provisions of item 2 shall not apply in cases where the position should be taken in a decision. 4. The construction permit may be issued exclusively to a person who: 1) lodged in an application this respect within the validity period of the decision on conditions for construction and land development, if such decision is required pursuant to the provisions on planning and land development; 1a) lodged an application in this respect within the validity period of the permit referred to in Art 23 and Art 23a of the act dated March 21, 1991 on maritime sites of the Republic of Poland and the maritime administration if such permit is required; 2) lodged a statement, under pain of criminal liability, on the acquired right to use the real property for construction purposes. 4a. The construction permit shall not be issued if the construction works have been commenced in breach of the provisions of Art. 28 item The minister competent for construction, development and housing economy shall determine, in an ordinance, models for: application for the construction permit, statement on the acquired right to use the real property for construction purposes and the decision on the construction permit. 6. The application and statement models, referred to in item 5, should specifically comprise the investor s personal details or name, and other information necessary to make the resolution in the pending proceedings. The model for the decision on the construction permit shall specifically comprise the indication of the authority that