Simplifications in investment and construction process

On January 1^st, 2018 new provisions of Polish Urban and Construction Code shall enter into force. This is completely new act, which will change the construction and investment process in Poland. The Ministry of Infrastructure and Construction states that the new law will be introduced in stages. The introduction of the Code will force the amendment of 140 other laws which regulate planning and construction issues.

Goals of Code

The main goal of the establishing new Code is to regulate the most important planning issues at the level of local law. According to the Ministry of Construction and Infrastructure the introduction aim primarily at:

• restoration and consolidation of spatial planning,
• improvement of the investment and construction process,
• ensuring efficient and quick implementation of realization public purposes investments.

One of the consequences of these assumptions is elimination of unnecessary procedures which are currently applicable to the simplest constructions. Another aspect of new law is to create legal instruments, that will help to control the chaotic growth and expansion of urban development.

Simplifications

The new law will simplify the classification of the types of investments. Currently there are thirty types of different categories. The new law will provide only six. First category will be related to construction projects which construction does not require consent granted by appropriate authority. The sixth category will cover the most complicated investments e.g. refuse incinerators.

Another significant change is simplification of obtaining consent for the investment in the form of a house up to 250 square meters area. In this case, the written consent of the owner of neighbouring property will allow to obtain a tacit consent from the authority. This will significantly speed up the realisation of project.

Professional responsibility

The provisions of project of Urban and Construction Code increase the responsibility of professionals, which are engaged during the investment and construction process. Nevertheless, also their powers will be increased. Under the changes introduced by the Code, there will also be a profession of urbanist, which will be preceded by passing a state exam.

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