ACT

of 7 July 1994

Building law ¹⁾

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act-Building Law, hereinafter referred to as 'the Act', norms an activity involving the design, construction, maintenance and demolition of construction works and determines the rules for the operation of public administration bodies in these fields.

Article 2. [ Exemptions from the provisions of the Act] 1. The Act does not apply to mining expat.

2. The provisions of the Act do not violate the separate provisions, and in particular:

1) the geological and mining rights-in relation to the building facilities of mining plants;

2) water rights-in relation to water equipment;

3) about the protection of monuments and the care of the monuments-in relation to the objects and areas entered in the register of monuments and objects and areas covered by conservation protection on the basis of the local spatial development plan.

Article 3. [ Definitions] Whenever there is a law in the law:

1) a building object-it is necessary to understand the building, structure or object of a small architecture, together with installations ensuring the possibility of using the building according to its intended use, erected using construction products;

2) building-this must be understood by such a building object, which is permanently associated with the ground, separated from the space by means of the building divisions and has foundations and roof;

2a) a single-family residential building-this is understood by the building of a slow-standing building or building in a twinning, serial or group building, serving to meet the housing needs, which is a constructively independent whole, in which no more than two dwellings or a single dwelling and a usable area with a total area not exceeding 30% of the total area of the building are allowed to be separated;

3) buildings-this is understood by any building object which is not a building or object of small architecture, such as: linear objects, airports, bridges, viaducts, escapades, tunnels, penetrators, technical networks, slow standing aerial masts, slow standing permanent related advertising boards and advertising equipment, earthworks, defence (fortifications), protective, hydrotechnical, reservoirs, slow standing industrial installations or technical equipment, wastewater treatment plants, landfills, water treatment stations, resistance structures, filling stations and underground structures pedestrian crossings, terrain networks, sports buildings, cemeteries, monuments, as well as construction parts of technical equipment (boilers, industrial furnaces, wind turbines, nuclear power plants and other equipment) and the foundations of machinery and equipment, as a separate technical part of the items making up the whole of the service;

3a) linear facility-this is understood by the building object, the characteristic parameter of which is the length, in particular the road along with the driveways, railway line, water supply, channel, gas pipeline, heat-line, pipeline, line and traction Electrical power, cable line and, directly located in the ground, underground, anti-flooding, and cable sewerage, where the cables installed in it do not constitute a construction or part of a construction object or a construction equipment;

4) the object of a small architecture-this must be understood by small objects, and in particular:

(a) religious worship, as: chapels, roadside crosses, figurines,

(b) statues, waterways and other objects of garden architecture,

(c) useful services for the daily recreation and maintenance of order, such as sandboxes, swings, ladder, dumpsters;

5) a temporary construction site-it must be understood the construction object for temporary use within a period shorter than its technical durability, intended to be transferred to another location or demolition, as well as a construction object not permanently connected with the ground, such as: shooting games, street kiosks, street and display sales pavilions, tent overings and pneumatic coatings, entertainment facilities, baraques, container facilities;

6) construction-it is necessary to understand the execution of the building object at a specific location, as well as the reconstruction, extension, construction of the building object;

7) construction works-this is to be understood as construction, as well as works consisting of rebuilding, assembling, refurbishing or demolishing a construction object;

7a) rebuilding-it is to be understood the execution of works, resulting in the change of performance or technical parameters of an existing building object, except for characteristic parameters such as: cubature, surface the construction, height, length, width or number of floors; in the case of roads, the characteristics of the parameters to the extent that do not require a change of the boundary of the road shall be allowed;

(8) renovation-this is to be understood as a result of the construction works in the existing construction works consisting in the restoration of the original state and not in current maintenance, and the use of construction products other than those of the was used in the original state;

(9) construction equipment-shall be understood by technical devices relating to the construction site, ensuring that the facility is capable of being used in accordance with its intended purpose, such as connections and installation devices, including for cleaning or waste water collection, as well as overdrive, fencing, parking place and place under dumpsters;

10) the construction site-this must be understood by the space in which the construction works are carried out together with the space occupied by the facilities of the construction facilities;

(11) the right to dispose of the property for construction purposes-the legal title deriving from the ownership, perpetual usucaption, the management board, the limited right in rem or the liability/liability ratio, which provides for the right to exercise property rights for the execution of works;

(12) the construction permit, which must be understood as an administrative decision allowing the construction or execution of works other than the construction of a construction site to be commenced or carried out;

13) documentation of the construction-this should be understood by the building permit together with the attached construction project, the construction journal, the protocols of the partial and final reception, where necessary, drawings and descriptions serving the realization of the object, geodetic operas and a book of obmilars, and in the case of execution of objects by means of assembly-also the assembly log;

14) the above-mentioned documentation-the construction documentation must be understood with the modifications made during the execution of the works and the geodetic measurements of the above-mentioned measurements;

15) enclosed area-this must be understood as a closed area, as referred to in the provisions of the Geodesic and Cartographic Law;

16) (repealed);

17. the competent authority shall be understood to mean the authorities of the architectural and construction administration and the construction supervision, in accordance with their respective jurisdiction, as set out in Chapter 8;

18) (repealed);

(19) the authority of the professional self-government, which is to be understood by the authorities referred to in the Act of 15 December 2000. of the professional self-government of architects and construction engineers (Dz. U. of 2013 r. items 932 and 1650 and of 2014 items 768);

(20) the area of the object's interaction-this must be understood by the area designated in the vicinity of the construction site on the basis of the separate provisions introducing the related limitation in the installation, including the construction, of the site;

21) (repealed);

22) (repealed);

23) (repealed).

Article 4. [ The right to build land property] Everyone has the right to build a land property if he has the right to have a property for construction purposes, provided that the construction project is in conformity with the rules.

Article 5. [ Requirements for the design and construction of the construction site] 1. The building object as a whole and its individual parts, together with the associated construction equipment shall be, taking into account the expected period of use, design and build in the manner specified in the regulations, including technical-construction, and in accordance with the principles of technical knowledge, ensuring:

1) the fulfilment of the basic requirements for construction works set out in Annex I to Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011. laying down harmonised conditions for the placing on the market of construction products and repealing Council Directive 89 /106/EEC (Dz. Urz. EU L 88, 04.04.2011, p. 5, with late. zm.), concerning:

(a) the carrying capacity and stability of the structure,

(b) fire safety,

(c) hygiene, health and the environment,

(d) safety of use and availability of facilities,

(e) protection against noise,

(f) energy savings and thermal insulation,

(g) sustainable use of natural resources;

(2) conditions of use in accordance with the purpose of the object, in particular in respect of:

(a) water and electricity supply and, as appropriate, heat and fuel, assuming an efficient use of these factors,

(b) disposal of waste water, rainwater and waste;

2a) the possibility of access to telecommunication services, in particular in the area of broadband Internet access;

3) the possibility of maintaining the proper technical condition;

4) the necessary conditions for the use of public and housing facilities of multi-family construction by persons with disabilities, in particular moving in wheelchairs;

5) health and safety conditions of work;

6) protection of the population, in accordance with the requirements of civil protection;

7) the protection of objects entered in the register of monuments and objects covered by conservation protection;

8. adequate location on the building site;

9) respect, occurring in the area of influence of the object, the legitimate interests of third parties, including the provision of access to the public road;

10) the conditions of safety and health protection of persons staying on the construction site.

2. The construction object shall be operated in a manner consistent with its intended purpose and environmental protection requirements and maintained in due technical and aesthetic condition, without allowing for excessive deterioration of its performance and efficiency technical, in particular in relation to the requirements referred to in paragraph. 1 points 1 to 7.

2a. In new buildings and existing buildings undergoing rebuilding or a project to improve energy efficiency within the meaning of energy efficiency regulations, which are used by financial sector units public service within the meaning of public finance regulations, it is recommended to use energy-using equipment produced in renewable energy sources, as well as technologies to build buildings with high energy performance.

2b. In the case of construction works consisting in the floor of the building, covering more than 25% of the area of the external partitions of this building, the minimum requirements for energy efficiency and thermal protection provided for in the regulations should be met technical-building for the rebuilding of the building.

3. (repealed).

4. (repealed).

4a. (repealed).

5. (repealed).

5a. (repealed).

5b. (repealed).

6. (repealed).

7. (repealed).

8. (repealed).

9. (repealed).

10. (repealed).

11. (repealed).

12. (repealed).

13. (repealed).

14. (repealed).

15. (repealed).

Article 5 ¹ . (repealed).

Article 5 ² . (repealed).

Article 5a. [ Application of provisions of the Code of Administrative Procedure] 1. In the case of construction of a linear facility, the course of which has been established in the local spatial development plan, and the execution of other works concerning the linear object, when the number of pages in the proceedings exceeds 20, the Article shall apply. 49 Of the Code of Administrative Procedure.

2. The provision of the paragraph. 1 shall not apply to the investor and to the owners, perpetrators and landlords if the construction works are or will be carried out on these properties.

Article 6. [ Development project for building plots] For building plots or areas where construction works or functionally related building construction sites are intended to be constructed, appropriate planning shall be designed, as required by the art. 5 par. 1-2b, complete them prior to the donation of these facilities (assemblies) for use and ensure that this development is maintained in an appropriate technical and useful state for the duration of the construction (s) of the building (s).

Article 7. [ Scope of technical regulations] 1. The technical and construction regulations include:

1. the technical conditions to which the construction works and their location should correspond, taking into account the requirements referred to in Article 4 (1). 5 par. 1-2b;

2) the technical conditions for the use of construction works.

2. The conditions referred to in paragraph. Article 1 (1) shall determine, by means of a regulation:

1) minister competent for construction, local planning and zoning, and housing for buildings and associated facilities;

2) the competent ministers, in agreement with the Minister for Construction, local planning and zoning and housing, for construction works not listed in point 1.

3. The conditions referred to in paragraph. Article 1 (2) may specify, by means of a regulation, the following:

1) minister competent for construction, local planning and zoning, and housing-for residential buildings;

2) the competent ministers, in consultation with the Minister responsible for Construction, Local Planning and Planning and Housing-for other construction works.

Article 8. [ Additional technical conditions for buildings serving the security or defence of the State] The Council of Ministers may lay down, by means of a Regulation, the additional technical conditions to which buildings intended for the security or defence of the State should correspond or whose provisions have been adopted on the basis of Article 4 of the Regulation. 7 ust. Article 2 (1) does not apply to those buildings, taking into account the function of those buildings and the need to ensure the security or defence of the State.

Article 9. [ Derogations from technical and construction regulations] (1) In cases of particularly justified cases, a derogation from the technical and construction provisions referred to in Article 1 shall be permitted. 7. The derogation shall not cause the risk of life of people or security of property, and in relation to the facilities referred to in art. 5 par. 1 point 4-restrictions on accessibility for persons with disabilities and should not result in deterioration of health and utility conditions, as well as of the state of the environment, under certain conditions of replacement.

2. The competent authority shall, after obtaining the authorization of the Minister, who has established technical and construction provisions by means of a provision, shall grant or refuse to grant the derogation.

3. The application to the minister referred to in the paragraph. 2, on the authorisation to grant consent to the derogation, the competent authority shall submit a decision on the construction authorisation before the decision is issued. The application shall include:

1) the characteristics of the facility and, where necessary, the design of the plot of land or land, and if the derogation could have an impact on the environment or the neighbouring property-also the development projects of these properties, taking into account existing and designed buildings;

2. the detailed justification for the necessity of the derogation;

3) proposals for replacement solutions;

4) a positive opinion of the voivodeship conservator of monuments in relation to the construction works entered in the register of monuments and other construction works situated in the areas covered by conservation protection;

5) according to the needs-a positive opinion of other interested bodies.

4. The Minister referred to in paragraph 1. 2, may make the authorisation subject to an authorisation to derogate from the additional conditions.

Article 10. [ Use of products in the execution of construction works] Products manufactured to be used in a construction site in a durable way with performance properties enabling the construction objects to be properly designed and executed to meet the basic requirements, can be used for the execution of works construction only if these products were placed on the market or made available on the domestic market in accordance with separate provisions, and in the case of construction products, also in accordance with the intended use.

Article 10a. (repealed).

Article 11. [ Acceptable concentrations and intensities of factors harmful to the health of construction materials] 1. The Minister of Health shall determine, by means of the Regulation, the limits and intensities of harmful factors for the health of the building materials, equipment and elements of equipment in the premises intended for People stay.

2. The Minister responsible for agriculture, in agreement with the Minister responsible for health, may determine, by means of a regulation, the permitted concentrations and intensities of harmful factors in the animal premises.

Chapter 2

Manual technical functions in the construction industry

Article 12. [ The scope of the manual technical function in construction] 1. The independent technical function in the construction industry is considered to be the activity connected with the necessity of professional evaluation of technical phenomena or independent solutions of architectural and technical and technical-organizational issues, and in In particular, activities involving

1) designing, checking architectural and construction projects and supervising the author's supervision;

2) directing construction or other construction works;

3. the management of the construction of construction elements and the supervision and technical control of the production of these elements;

4) execution of investor supervision;

5) the exercise of the technical control of maintenance of construction works;

6) (repealed);

7) (repealed).

2. Self-dependent technical functions in construction, as defined in the paragraph. (1) 1 (1) to (5) may be exercised only by persons having the appropriate technical training and professional practice, adapted to the type, complexity of the activity and other requirements associated with the function carried out, as established by the decision, hereinafter referred to as ' 'Construction allowances', issued by a self-government body.

3. The condition of obtaining building authority is the passing of the examination with the knowledge of the construction process and the skill of practical application of technical knowledge.

3a. The competent chamber of the professional self-government conducts a qualification procedure consisting of two stages:

1) qualification of education and professional practice as appropriate or related to a given speciality of building powers, hereinafter referred to as the "qualification";

2) an examination of the knowledge of the construction process and the skill of practical application of technical knowledge.

4. The examination shall be submitted before the examination committee appointed by the body of the professional or local authority or by another authorized body.

4a. The exam consists of a written part, carried out in the form of a test, and an oral part.

4b. The exam is released by a graduate of higher education conducted under the contract referred to in art. 168b par. 2 of the Act of 27 July 2005. -Law on higher education (Dz. U. 2012 r. items 572, late. zm.), concluded between the university and the competent authority of professional self-government in the scope of the corresponding training programme developed with the participation of self-government body and in accordance with the provisions issued on the basis of art. 16.

4c. Depending on the education and the scope of the professional practice, the examination shall be carried out on the basis of a building certificate:

1) design in a given specialty;

2) directing construction works in a particular specialty;

3) designing and directing construction works in a given specialty.

4d. When applying for the grant of building powers in another speciality or in a range other than the one held, the examination shall be limited only to matters not covered by the examination in force when applying for the rights already held. construction.

4e. The examination shall be carried out at least twice a year, within the time limits laid down by the competent authority of the professional self-government.

4f. Notification of the date of the examination by the competent chamber of the self-government service, by means of the postal operator by registered mail with the acknowledgement of receipt, to the person applying for the grant of construction allowances, at least one month before that Term.

4g. The negative result of a part of the written exam results in the failure to prevent the oral part.

4h. The person who obtained the negative result of the examination may re-enter it, not earlier than after 3 months. A person who has obtained a negative result of a part of the oral examination may rejoin only that part.

4i. The positive result of a part of the written exam is valid for a period of 3 years from the date of its acquisition.

5. The person applying for the granting of building powers shall pay the fee for the qualification proceedings.

5a. The fee for the qualification proceedings for the grant of construction allowances referred to in art. 14 para. 3 points 1 to 4:

1) for the qualification does not exceed 22% of the amount of the average remuneration in the national economy in the previous calendar year, announced by the President of the Central Statistical Office pursuant to the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2013 r. items 1440, with late. zm.) hereinafter referred to as "average pay";

2) for the examination of the examination shall not exceed 22% of the amount of the average remuneration;

3. for the retrial of the part of the oral examination shall not exceed 13% of the amount of the average remuneration.

5b. The fee for the qualification proceedings for the grant of construction allowances referred to in art. 14 para. 3 points 5 and 6:

1) for the qualification shall not exceed 33% of the amount of the average remuneration;

2) for the execution of the examination shall not exceed 33% of the amount of the average salary;

3. for the retrial of the part of the oral examination shall not exceed 19% of the amount of the average remuneration.

5c. The amount of the fees for the qualification proceedings shall be determined and made public on its website the competent national chamber of the professional self-government.

5d. The payment for the qualification proceedings shall be paid to the bank account of the competent chamber of the professional government, at least 14 days before the date of the exam. The fee shall be the revenue of the competent authority of the professional authority.

5e. The fee referred to in paragraph. 5a point 1 and paragraph Article 5b (1) is not refundable, but the fee referred to in paragraph 5b is not refundable. 5a points 2 and 3 and paragraph 3 5b (2) and (3), shall be repaid in the case of justified failure to take the examination or for the justified withdrawal from the examination.

5f. For the participation in the qualifying proceedings, the members of the Selection Board shall be entitled to a remuneration of the fees for the qualification proceedings. The remuneration of a member of the Selection Board shall not be higher than:

1) for the participation in the qualification-9% of the fee determined on the basis of the paragraph. 5a point 1 and paragraph 5b (1) from a single application for building power;

2) for carrying out the examination-9% of the fee determined on the basis of the paragraph. 5a point 2 and paragraph. 5b point 2 from one examination person;

3) for retaking part of the oral examination-9% of the fee determined on the basis of the paragraph. 5a points 3 and ust. 5b (3) from one examination.

6. Persons performing independent technical functions in the construction are responsible for carrying out these functions in accordance with the regulations and principles of technical knowledge and for due diligence in the performance of the work, its proper organization, safety and quality.

7. The basis for the execution of independent technical functions in construction constitutes an entry, by decision, to the central register referred to in art. 88a ust. 1 point 3 (a) and, in accordance with separate provisions, an entry in the list of members of the competent authority of the professional authority, as confirmed by the certificate issued by that Chamber, with the term of validity specified therein.

8. (repealed).

9. The bodies of professional self-government shall be obliged to transmit immediately information on the entry to the list of members of the competent chamber of the self-government and to remove from this list, in order to disclose in the register referred to in art. 88a ust. 1 point 3 (a) a.

Art. 12a. [ Individuals performing manual technical functions] Self-contained technical functions in construction, as defined in art. 12 (1) 1, they may also execute persons whose relevant professional qualifications have been recognized on the basis specified in the separate provisions.

Article 12b. (repealed).

Article 12c. (repealed).

Article 13. [ Building powers] 1. Construction powers may be provided for the design or management of construction works.

2. In the building authority, the speciality and possible technical-construction specialization and the scope of design works or works covered by the particular crop should be defined.

3. The power to drive construction works shall also constitute the basis for carrying out the independent technical functions referred to in art. 12 (1) 1 points 3 and 4.

4. The power to design or drive construction works shall also constitute the basis for the execution of the independent technical functions referred to in art. 12 (1) 1 point 5 and 6.

Article 14. [ Granting of building powers] 1. Construction powers are provided in specialties:

1) architectural;

2) construction and construction;

3) engineering:

(a) bridging,

(b) road,

(c) railway,

(d) hydrotechnical,

(e) the demolition;

4) installation in the scope of networks, installations and devices:

(a) telecommunications,

(b) heat, ventilation, gas, water supply and sewerage,

(c) electrical and electrical power.

2. Under the specialities mentioned in the paragraph. 1 may be extracted technical and construction specializations.

3. Obtaining building powers in the specialties referred to in the paragraph. 1, requires:

1) for design without restriction:

(a) the completion of second-cycle studies in the direction appropriate to the speciality concerned,

(b) the preparation of the annual practice in drawing up the projects,

(c) an annual construction practice;

2) to design to a limited extent:

(a) completion:

-first-cycle studies in the direction appropriate to the speciality concerned, or

-second-cycle studies in relation to a specific speciality,

(b) the preparation of the annual practice in drawing up the projects,

(c) an annual construction practice;

3) for directing construction works without restriction:

(a) the completion of second or first degree studies in a direction appropriate to the speciality concerned,

(b) a suitably semi-torrential or three-year construction practice;

4. for the management of construction works to a limited extent:

(a) completion:

-second-cycle studies in relation to a specific speciality, or

-first-cycle studies in the direction appropriate to the speciality concerned, or

-first-cycle studies in relation to the speciality concerned, or

(b) possession:

-the professional title of the technician or master, or

-a diploma confirming professional qualifications in a technique taught at the technique level

-in the construction professions specified in the regulations issued on the basis of art. 16, to the extent appropriate for the speciality concerned,

(c) the practice of construction in the dimension:

-one and a half years in the case referred to in point The first and second indents,

-three years in the case referred to in point a third indent,

-four years in the case referred to in point (b);

5) for the design and management of construction robots without restriction:

(a) the completion of second-cycle studies in the direction appropriate to the speciality concerned,

(b) the preparation of the annual practice in drawing up the projects,

(c) the holding of a semi-torrential practice on construction;

6) for designing and directing construction works to a limited extent:

(a) completion:

-first-cycle studies in the direction appropriate to the speciality concerned, or

-second-cycle studies in relation to a specific speciality,

(b) the preparation of the annual practice in drawing up the projects,

(c) the holding of a semi-torrential practice on construction.

4. The condition of professional practice is the work consisting in direct participation in the design work or on the completion of the technical function under construction under the direction of the person possessing appropriate building powers, and in the case of to take practice abroad under the authority of a person holding the relevant powers in the country in question.

4a. The student's practice shall be considered to be part or all of the professional practice referred to in paragraph 1. 4, where it was held in the studies in the scope of the corresponding training programme developed with the participation of the self-government body and in the manner laid down in the provisions issued on the basis of art. 16, in accordance with the conditions laid down in the agreement referred to in Article 168b par. 2 of the Act of 27 July 2005. -The law on higher education, concluded between the university and the body of professional self-government.

4b. As equivalent to the professional practice of direct participation in the design work referred to in paragraph. 4, an annual practice shall be considered when drawing up the projects carried out under the auspices of a person with appropriate building powers, hereinafter referred to as "the patron". The patron can be a person who has at least 5 years of professional experience in drawing up projects within the framework of the possesses of building powers.

(5) The provisions of the paragraph shall not apply to persons applying for the grant of building powers without restriction, which have a limited construction rating in that speciality. 3 point 1 lit. b and c, point 3 (a) b or point 5 lit. b and c.

Article 15. (repealed).

Article 16. [ Types and scope of professional preparation for the execution of independent technical functions in construction] The Minister for Construction, Local Planning and Planning and Housing, in consultation with the Minister responsible for higher education, will determine, by means of a regulation:

1) the types and scope of professional preparation for the execution of independent technical functions in construction:

(a) courses of higher education appropriate or related to a particular speciality,

(b) the list of professions related to construction,

(c) the list of specialisations extracted under each speciality,

2) how to determine the possession of professional preparation and verification thereof, in this way:

(a) the documentation and verification of the education they have, as well as the qualification,

(b) to establish professional preparation and to document it in order to obtain technical and construction specializations,

(c) documentation and practice, as well as the criteria for recognising the practice,

(d) carrying out an examination of the knowledge of the construction process and the skill of practical application of technical knowledge,

3) limitations of the scope of construction powers

-with a view to ensuring transparent and efficient carrying out of the tasks relating to the granting of building power, as well as the recognition of apprative practices.

Chapter 3

Rights and obligations of participants in the construction process

Article 17. [ Building process participants] The participants of the construction process, within the meaning of the Act, are:

1) investor;

2) an investor of investor supervision;

3) designer;

4) the construction manager or the work manager.

Article 18. [ Obligations of the investor] 1. The responsibility of the investor shall be to organise the construction process, taking into account the safety and health rules contained in the rules, and in particular the provision of:

1) the development of a construction project and, according to the needs, of other projects,

2) the construction of the construction management by the construction manager,

3) develop a safety and health plan,

4) execution and receipt of works,

5) in cases justified by the high degree of complication of works or land conditions, supervision of the execution of works

-by persons with appropriate professional qualifications.

2. The Investor may establish an investor supervision inspector on the construction site.

3. The Investor may oblige the designer to exercise the author's supervision.

Article 19. [ Obligation of establishment of an investor's supervision inspector] 1. The competent authority may, in the decision on the construction permit, impose on the investor the obligation to establish an investor supervision inspector, and the obligation to provide the author's supervision, in cases justified by a high degree of complication of the facility or construction works or the expected impact on the environment.

2. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the types of construction works, the implementation of which is required to establish a surveillance inspector investor, as well as a list of construction works and technical criteria to be followed by the authority during the imposition of an obligation on the investor to establish an investor supervision inspector.

Article 20. [ Obligations of the designer] 1. The basic duties of the designer shall be:

1) the development of a construction project in a manner consistent with the requirements of the Act, the findings set out in the administrative decisions concerning the construction deliberations, the applicable regulations and the principles of technical knowledge;

(1a) ensure, where necessary, the participation in the development of a project of persons with design powers to design in the relevant speciality and the technical coordination carried out by those persons of design studies, providing for the taking into account the principles of safety and health in the construction process, taking into account the specificity of the construction site being designed;

(1b) the drawing up of information on safety and health protection by reason of the specificity of the construction site being designed, taken into account in the safety and health plan;

1c) the identification of the area's impact;

2) obtaining the required opinions, arrangements and checks of design solutions in the scope resulting from the regulations;

3) explaining the doubts about the project and the solutions contained therein;

(3a) drawing up or agreeing on an individual technical dossier referred to in Article 4 (2). 10 para. 1 of the Act of 16 April 2004. about construction products (Dz. U. Nr 92, pos. 881, with late. zm.);

4) the exercise of the author's supervision at the request of the investor or the competent authority in the scope of:

(a) the execution of the execution of the execution of the execution of the project,

(b) reconciliation of the possibility of introducing convertible solutions in relation to the projects foreseen by the Construction Manager or the Investor Supervision Supervisor.

2. The designer is obliged to ensure the verification of the architectural and construction project in terms of compliance with regulations, including technical-construction, by a person who has construction powers to design without restriction in the appropriate specialities.

3. The obligation referred to in paragraph. 2, not applicable:

1) the scope of the examination and opinion on the basis of specific provisions;

2) projects of construction works with a simple structure, like: single-family dwellings, small economic, inventory and building blocks.

4. Designer, as well as the inspector referred to in paragraph. 2, the construction project shall include a statement on the drawing up of the construction project, in accordance with the applicable regulations and the principles of technical knowledge.

Article 21. [ Designer's rights] The designer, in the course of realization of the construction, has the right:

1) entrance to the site of construction and making records in the construction journal concerning its implementation;

2) the request of the entry to the log of the construction of the hold of works in the event

(a) the possibility of a threat to

(b) carrying out their inaccordance with the project.

Article 21a. [ Safety and Health Plan on Construction] 1. The construction manager shall be obliged, on the basis of the information referred to in art. 20 para. 1 point 1b, draw up or ensure that the safety and health plan is drawn up before commencing the construction, taking into account the specificity of the construction site and the conditions for carrying out the works, including the planned simultaneous operation of the works construction and industrial production.

(1a) The safety and health plan under construction shall be drawn up if:

1) in the course of construction will be executed at least one of the types of works mentioned in the paragraph. 2 or

2. the planned construction works are expected to last more than 30 working days and at the same time will employ at least 20 employees or the labour-intensive work of the planned works will exceed 500 people.

2. In the plan referred to in paragraph. 1, the specificity of the following works shall be taken into account:

1) whose nature, organization or place of conduct poses a particularly high risk of creating a threat to the safety and health of the people, and in particular to the ground or fall from the height;

2) in the course of which there are chemical substances or biological agents that endanger the safety and health of humans;

3) posing a risk of ionizing radiation;

4) carried out near the high voltage line or active communication lines;

5) creating the risk of drowning workers;

6) carried out in the wells, underground and in tunnels;

7) carried out by the driving vehicles on the airliners;

8) performed in the cades, with the atmosphere produced from the compressed air;

9) requiring the use of explosives;

10) carried out with the assembly and dismantling of heavy prefabricated elements.

3. Safety and health requirements for the performance of construction works shall be defined in separate health and safety regulations.

4. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation:

1) the detailed scope and form:

(a) information on safety and health protection,

(b) a safety and health plan

-having regard to the specificity of the construction site designed;

2) the detailed scope of the types of construction works referred to in the paragraph. 2, taking into account the degree of risks posed by the different types of them.

Article 22. [ Responsibilities of the Construction Manager] The basic responsibilities of the Construction Manager shall be:

1) the investor's takeover of the investor and the appropriate security of the construction site with the construction sites, technical equipment and fixed points of the geodesic and environmentally protected areas of the environment. natural and cultural;

2. carrying out construction documentation;

3) ensuring the geodetic delimitation of the facility and arranging the construction and management of the construction of the construction site in a manner consistent with the design or permission for construction, regulations, including technical-construction, and safety and hygiene regulations work;

(3a) coordinating the implementation of tasks to prevent threats to safety and health:

(a) when developing the technical or organisational assumptions of the planned works or their respective stages, to be carried out simultaneously or successively,

(b) when planning the time required to complete the works or their respective stages;

(b) coordinate measures to ensure compliance with the rules referred to in Article 3 during the execution of the works on the safety and health rules laid down in Article 3. 21a (b) 3, as well as in the safety and health plan;

3c) make the necessary changes to the information referred to in art. 20 para. 1 point 1b, as well as in the safety and health plan, resulting from the progress of the works performed;

3d) taking the necessary actions preventing the introduction of the construction to unauthorised persons;

3e) to ensure the execution of the works of construction works, in accordance with art. 10;

(4) the cessation of works in the event of a threat to be identified and a notification of that competent authority without delay;

5) the investor's notice of the entry to the construction journal concerning the cessation of construction works due to the execution of their inaccordance with the project;

6) implementation of the recommendations included in the construction journal;

7) to report to an investor to check or receive the works which have been carried out or to be underestimated, and to ensure that the necessary provisions or set out in the contract trials and tests are made, of technical equipment and chimneys. prior to the declaration of the building object for receipt;

8) preparation of the documentation of the construction site in the construction site;

9) the declaration of the construction object to receive the appropriate entry into the construction log and participate in the collection of receipt and ensure the removal of the identified defects, as well as the transfer of the statement to the investor, referred to in art. 57 (1) 1 point 2.

Article 23. [ Construction Manager's Rights] The construction manager shall have the right:

1) the occurrence to an investor of changes in design solutions, if they are justified by the need to increase the safety of the execution of construction works or to improve the construction process;

2) to respond in the construction journal to the recommendations contained therein.

Art. 23a. (repealed).

Article 24. [ Prohibition of the merger of the function of the construction manager and the inspector of the investor's supervision] 1. The merging of the function of the construction manager and the inspector of investor supervision shall not be permissible.

2. The provisions of the paragraph. 1 and Art. 22 and art. 23 shall apply mutatis mutandis to the work manager.

Article 25. [ Obligations of the Investor Supervision Officer] The basic duties of the investor supervision inspector shall be:

1) representation of the investor on the construction by checking the conformity of its implementation with the project or the permit for construction, regulations and technical knowledge principles;

2) checking the quality of the works carried out and the use when carrying out these works of products in accordance with art. 10;

3) checking and receipt of construction works succumbing or disappearing, participating in the samples and technical receipts of the installation, technical devices and chimney wiring, and preparation and participation in the collection of finished goods construction works and transfer of them to use;

4) confirmation of the actual works performed and the removal of defects, as well as, at the request of the investor, controlling the settlement of the construction.

Article 26. [ Law of the Investor Supervision Officer] The Investor Supervision Officer shall have the right:

1) issue to the manager of the construction or the manager of the work of the command, confirmed by the entry to the construction log, concerning: the removal of irregularities or threats, the execution of tests or tests, also requiring the discovery of works or covered elements, the submission of expert reports on the works carried out and information and supporting documents for the execution of the construction works, in accordance with art. 10, as well as the information and documents confirming the authorisation to use the technical equipment;

2) require the head of the construction or the head of the works to make corrections or re-perform the defective works, and to withhold further works in the event that their continuation could provoke a threat or cause unacceptable non-conformity with the design or construction permit.

Article 27. [ Coordinator's designation] In the construction of a construction site requiring the establishment of investor supervision inspectors in the range of various specialties, the investor designates one of them as coordinator of their operations on construction.

Chapter 4

Proceedings preceding the commencment of construction works

Article 28. [ Proceedings for building permits] 1. Construction works can only be started on the basis of the decision of the construction permit, subject to art. 29-31.

2. The parties in the proceedings concerning the construction permit are: the investor and the owners, the users of the perpetrators or the property managers located in the area of the object's impact.

3. The provision of art. 31 The Code of Administrative Procedure does not apply in the construction permit procedure.

4. The provisions of the paragraph. 2 and 3 do not apply in the proceedings for a construction permit requiring the participation of the public in accordance with the provisions of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection and on environmental impact assessments (Dz. U. of 2013 r. items 1235, with late. zm.).

Article 29. [ Exemptions from the possession of a building permit] 1. Construction permits do not require construction:

1) economic facilities related to agricultural production and complementary construction of a hazard within the existing habitat plot:

(a) Parter-building economic buildings with an area of construction up to 35 m ² , with a design spread of not more than 4,80 m,

(b) plates for the storage of manure,

(c) leakage tanks for slurry or slurry with a capacity of up to 25 m ³ ,

(d) ground silos for bulk materials up to 30 m ³ and a height of not more than 4,50 m,

(e) container dryers with a built-up area of up to 21 m ² ;

(1a) the slow standing of single-family dwellings whose area of influence is wholly within the parcel or parcels on which they are designed;

2) slow-standing business buildings in this garages, altan and home ganks and orangery (winter gardens) with a built-up area of up to 35 m ² , where the total number of these objects on the plot must not exceed two per 500 m ² the plot area;

2a) slow-standing, ground-standing buildings of individual recreation, understood as buildings intended for periodic rest, with a construction area of up to 35 m ² , where the number of these objects on the parcel must not exceed one per 500 m ² the plot area;

2b) slow-standing, ground-standing buildings of transformer stations and container transformer stations with a build-up area of up to 35 m ² ;

2c) a whirl with an area of construction up to 50 m ² , in a plot of land on which a residential or housing building is located, with the total number of these viat on the parcel not exceeding two per 1000 m ² the plot area;

3) domestic sewage treatment plant with a capacity of up to 7.50 m ³ daily;

3a) non-drainage tanks for liquid impurities with a capacity of up to 10 m ³ ;

4) altan parcels and economic facilities referred to in the Act of 13 December 2013. about family horticultural gardens (Dz. U. of 2014 items 40);

5) harbour and platform whirlters;

6) ground floor buildings with an area of construction up to 35 m ² , serving as facilities for the ongoing maintenance of railway lines, located in areas owned by the State Treasury;

7) free-standing telephone cabins, cabinets and telecommunication posts;

8) self-supplied parcometers;

9) school grounds and fields, tennis courts, treadmills for recreation;

10) parking places for passenger cars up to and including 10 posts;

11) trips from provincial, district and communal roads and parking bays on these roads;

12) temporary construction works, not permanently connected with the ground and stipulated for demolition or transfer to another place within the time limit specified in the notification referred to in art. 30 par. 1, but not later than 120 days after the start of the construction specified in the notification;

13) economic construction sites with a construction site up to 35 m ² , with a design spread of not more than 4,80 m, intended exclusively for forest management purposes and situated on the forest land of the State Treasury;

14) construction facilities piling water and discounts with a height of piling below 1 m outside the navigable rivers and outside the area of national parks, nature reserves and landscape parks and their ottales;

15) home swimming pools and water meshes with a surface of up to 50 m ² ;

16) bridges with a total length of up to 25 m and a height, calculated from the crown of the piety to the bottom of the aquen, up to 2,50 m, serving to:

a) mooring small vessels, like boats, kayaks, yachts,

(b) fishing,

(c) recreation;

17. edge bands and other artificial, superficial or linear fortifications of river and mountain streams and sea shore, the shore of marine internal waters, which do not constitute resistance structures;

18) slipways intended for persons with disabilities;

19) LPG tank installations with a single tank with a capacity of up to 7 m ³ , intended for the supply of gas installations in single-family dwellings;

19a) networks:

(a) electricity, comprising a rated voltage of not more than 1 kV,

(b) water supply,

(c) sewage systems,

(d) heat,

(e) telecommunications;

20) connectors: electricity, water, sewage, gas, thermal and telecommunication;

20a) telecommunication cable lines;

20b) cable wastewater;

21) measuring devices, together with the fences and internal roads, the state hydrological-meteorological service and the state hydrogeological service:

(a) outposts: waterproof, meteorological, rainfall and groundwater,

(b) points: observational groundwater states and groundwater quality monitoring,

(c) observational piezometers and encapsulated sources;

22) objects of small architecture;

23) fences;

24) facilities intended for temporary use in the course of the execution of the works, located on the construction site, and the setting of the baracoaches used in the execution of construction works, geological studies and geodetic measurements;

25) temporary construction works which are exclusively exhibition exhibits, which are part of any utility function situated in the area intended for that purpose;

26) geodetic signs, as well as triangulative objects, outside the area of national parks and nature reserves;

27) electrical, water, sewage, thermal and telecommunication installations inside the building;

28) building facilities used directly for the exercise of the activities governed by the Act of 9 June 2011. -Geological and Mining Law (Dz. U. of 2014 items 613, as amended) in the exploration and recognition of hydrocarbon deposits;

29) of polygonal building objects, in particular: defensive posts, spices, earthworks, fortification structures, temporary installations, and container facilities, localised in closed areas designated by the Minister The National Defence to conduct military exercises with the use of field encampments and land reinforcements to the seeming of direct conduct of the fight.

2. Construction licences shall not require the execution of works consisting of:

1) renovation of construction works;

1a) rebuilding of the objects referred to in paragraph. 1;

(b) rebuilding of single-family dwellings, in so far as it does not lead to an increase in the existing impact area of those buildings;

1c) refurbishments or rebuilding construction equipment;

2. (repealed);

3. (repealed);

4) subsidising buildings with a height of up to 25 m;

5) hardening of the surface of the ground on construction sites;

6) installation of advertising boards and devices, with the exception of the objects entered in the register of monuments within the meaning of the provisions for the protection of monuments and the care of monuments, and with the exception of light and illuminated advertisements situated outside the a built-up area within the meaning of the provisions on road traffic;

7) (repealed);

8) (repealed);

9) the execution and reconstruction of the equipment of water meliorations detailed;

10) the execution of the enclosed bodies of groundwater;

11) rebuilding of gas and electricity networks other than those mentioned in the paragraph. 1 point 19a (a)

12) rebuilding roads, tracks and railway equipment;

12a) construction of technological channels, within the meaning of art. 4 point 15a of the Act of 21 March 1985. o public roads (Dz. U. of 2013 r. items 260 and 843), in the road belt as part of the redevelopment of this road;

13) (repealed);

14) installation of crat on construction sites;

15) installation of devices, including aerial support structures and radio-communication installations, on the construction works;

16. installation of heat pumps, photovoltaic devices with installed electrical capacity up to 40 kW and slow standing solar collectors;

17) (repealed).

3. Construction licences shall require projects which require an environmental impact assessment, and projects requiring an impact assessment on the Natura 2000 site, in accordance with Article 3 (1) (a) of the Directive. 59 of the Act of 3 October 2008. providing information on the environment and its protection, public participation in environmental protection, and environmental impact assessments.

4. Construction robots referred to in paragraph. 1 and 2, performed:

1) with the building object entered in the register of monuments-require a building permit,

2) in the area entered in the register of monuments-require the filing of the declaration referred to in art. 30 par. 1

-with the application for the construction permit and the application for registration, the permission of the provincial monument conservator, issued on the basis of the provisions on the protection of monuments and the care of the monuments should be attached to the application.

Article 29a. [ Requirement for a situational plan] 1. Construction of the connectors referred to in art. 29 par. 1 point 20, requires the drawing up of a situational plan on a copy of the current basic map or unit map accepted into the national geodetic and cartographic resource.

2. For the construction referred to in the paragraph. 1, the provisions of energy law or the collective supply of water and the collection of waste water shall be applied.

3. The provisions of the paragraph. 1 and 2 shall not apply if the investor has made the notification referred to in Article 2. 30.

Article 30. [ Request for construction to the relevant authority] 1. Requests to the competent authority shall require, subject to art. 29 par. 3 and 4:

1) the construction referred to in art. 29 par. 1 points 1-2b, 3, 3a, 9, 11, 12, 14-17, 19, 19a, 20b and 28;

1a) the construction referred to in art. 29 par. 1 point 20-subject to Article 29a;

1b) the construction of the objects referred to in art. 29 par. 1 points 6, 10 and 13, which are located in the Natura 2000 site;

2) the execution of the works referred to in art. 29 par. 2 points 1b, 6, 9 and 11-12a;

2a) performing an overhaul referred to in art. 29 par. 2 (1), except in the case of renovation of construction works, the construction of which does not require a construction permit;

2b) the execution of the rebuilding of the objects referred to in art. 29 par. 1 points 1 to 2b, 3, 3a, 11, 12, 14-17, 19, 19a, 20b and 28 and the redevelopment referred to in Article 1 (1) (a) of Regulation (d) (d) of the Regulation. 29 par. 2 points 11 and 12;

2c) a warming of buildings exceeding 12 m in height and not higher than 25 m;

3) construction of fences of above 2,20 m and execution of construction works consisting in the installation of:

(a) the crat for multi-family residential buildings, public utilities and collective residence, and buildings registered in the register of monuments,

(b) equipment of more than 3 m high on construction sites,

(c) (repealed);

4) construction of objects of small architecture in public spaces.

1a. The Investor, instead of filing a declaration concerning the works referred to in the paragraph. 1, may request the issue of a decision on the construction permit.

2. In the notification, the type, scope and manner of execution of the works and the time limit for the start of works shall be specified The declaration shall be accompanied by the statement referred to in Article 4. 32 par. Article 4 (2), and, where appropriate, the corresponding sketches or drawings, as well as the licences, arrangements and opinions required by separate provisions.

3. To report the construction referred to in Art. 29 par. In addition, the design of the plot of land or land, together with the technical description of the installation, carried out by the designer with the appropriate building authority, must be attached. Land or land development project, in the case of the construction of a gas installation referred to in art. 29 par. 1 point 19, it shall be agreed with the entity competent for fire protection.

4. In the notification of the construction referred to in paragraph. 1 point 4, the design of the plot of land or land, carried out by the designer with the required building powers, must also be presented.

4a. In the notification of the redevelopment of the road on the trans-European road network, it is also necessary to present:

1) the result of the traffic safety audit referred to in art. 24l par. 1 of the Act of 21 March 1985. on public roads;

2) the rationale of the road manager referred to in art. 24l par. 4 of the Act of 21 March 1985. o public roads.

4b. To report the construction referred to in Art. 29 par. 1 points 1a, 2b and 19a shall be accompanied by the documents referred to in Article 1. 33 (1) 2 points 1 to 4. Article Recipe 35 par. 1 shall apply mutatis mutandis.

4c. For the notification of the redevelopment referred to in art. 29 par. The documents referred to in Article 2 (2) (b) shall be accompanied by the documents referred to 33 (1) 2 points 1, 2 and 4. Article Recipe 35 par. 1 shall apply mutatis mutandis.

5. The application referred to in paragraph 5. 1, must be made before the date of the intended commencation of the works. The competent authority may, within 30 days of the notification of the notification, decide, by decision, to object. The execution of works may be carried out if the authority has not objected within that time limit.

5a. (repealed).

5b. In the event of the failure to commence the execution of the works before the expiry of the 3 years from the date specified in the notification, the commenction of the works may take place after the re-notification.

If necessary to complete the notification, the competent authority shall, by way of order, require the notifier to complete the missing documents within a specified time limit and, in the event of failure to complete it, shall object to the decision.

5d. The imposition of the obligation referred to in paragraph 1. 5c, shall interrupt the time limit referred to in paragraph 1. 5.

5e. Where the authority has not objected, the construction project for the construction referred to in Article 5 (1) shall be amended. 29 par. 1 points 1a, 2b and 19a, and the redevelopment referred to in Article 1 (1) (a) of the Regulation. 29 par. 2 (1b), subject to stamping. The Authority shall stamping out immediately after the expiry of the time limit for the lodging of the objection.

(6) The competent authority shall object if:

1. the notification relates to the construction or execution of works subject to the obligation to obtain a building permit;

2. the construction or execution of the construction works covered by the notification violates the findings of the local spatial development plan, the decision on the conditions of construction, other acts of local law or other regulations;

3. the notification concerns the construction of a temporary construction site referred to in art. 29 par. 1 point 12, in the place where such an object exists.

6a. The day of opposition shall be deemed to be the date of the decision at the post office of the operator designated within the meaning of the Article. 3 point 13 of the Act of 23 November 2012. -Postal law (Dz. U. Entry 1529) or in the case referred to in art. 39 ¹ The Code of Administrative Procedure, the day of introduction into the IT system.

(7) The competent authority may impose, by means of a decision referred to in paragraph 1. 5, the obligation to obtain a permit for the execution of a specific object or works covered by the notification obligation referred to in the paragraph. 1, if their implementation may contravene the findings of the local spatial development plan, the decision on the conditions of construction or cause:

1) the threat of security of people or property;

2) the deterioration of the environment or the state of preservation of monuments;

3) the deterioration of health and sanitation conditions;

4) the introduction, perpetuation or increase of restrictions or nuisance for the neighbouring areas.

Article 30a. [ Information to be provided in the Public Information Bulletin] In the case of a construction declaration referred to in art. 29 par. In the Public Information Bulletin, points 1a, 2b and 19a, the competent authority shall include in the Public Information Bulletin, within 3 days from the date of:

1) service of the notification-information on the notification, containing the name or name of the investor and the address and description of the design of the object;

2. the lodging of an objection-the date on which it was lodged;

3) the expiry of the time limit referred to in art. 30 par. 5-information on the failure to object.

Article 31. [ Demolition of structures not requiring permission] 1. The permit does not require demolition:

1) buildings and structures-not entered in the register of monuments and not covered by conservation protection-of a height of less than 8 m, if their distance from the border of the parcel is not less than half the height;

2) facilities and construction equipment, for the construction of which there is no required building permit, if they are not protected as monuments.

2. Demolition of the construction works referred to in the paragraph. Article 1 (1) requires prior notification to the competent authority in which the nature, extent and manner of execution of the works must be determined. Article Recipe 30 par. 5 shall apply mutatis mutandis.

2a. The Minister for Construction, Local Planning and Planning and Housing shall determine the model of the notification referred to in paragraph 1. 2, in the form of an electronic document within the meaning of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235 and of 2014. items 183).

3. The competent authority may impose an obligation to obtain a permit for the demolition of the objects referred to in the paragraph. 1 point 1, if the demolition of such facilities:

1) may affect the deterioration of water relations, sanitation and the state of the environment or

2) requires that the conditions from which the performance of the demolition works may be carried out are preserved.

4. The competent authority may request, for reasons of the safety of people or property, the presentation of data on the building object or concerning the conduct of demolition works.

5. Security and demolition robots may commence before obtaining a demolition permit or prior to their notification, if they are intended to remove the imminent danger of the safety of people or property. The commencement of such works shall not relieve the obligation without delay to obtain a demolition permit or a declaration of the intended demolition of the building object.

Article 32. [ Requirements for obtaining a building permit or demolition of a construction site] 1. The permit for the construction or demolition of a construction site may be issued after prior:

1) carrying out an assessment of the environmental impact of the project or the assessment of the impact of the project on the Natura 2000 site, if it is required by the provisions of the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments;

2) obtaining by the investor, the required specific provisions, the permits, arrangements or opinions of other bodies;

3) the consent of the minister responsible for construction, local planning and zoning and housing-in the case of the construction of national gas pipelines or if the construction is due to international agreements.

2. Conformity, expression of consent or opinions referred to in paragraph. Article 1 (2), should take place within 14 days from the date of presentation of the proposed solutions. Failure to address a position by the Authority within that period shall be considered as a lack of reservations to the solutions presented.

3. Paragraph Recipe 2 does not concern cases in which the position should be expressed by decision, and the arrangement and opinion carried out in the context of the assessment of the environmental impact of the project or the assessment of the impact of the project on the Natura site 2000.

4. The permit for construction may be issued only to those who:

1) submitted a request on the matter during the period of validity of the decision on the conditions for the construction and development of the site, if it is required in accordance with the provisions on planning and spatial development;

1a) submitted a request on the matter during the period of validity of the licences referred to in Art. 23 (1) 1 and Art. 26 par. 1, and the decision referred to in art. 27 ust. 1 of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration (Dz. U. of 2013 r. items 934 and 1014 and of 2015 items 1642), if they are required;

2) made a statement, under penalty of criminal liability, with the right to dispose of the property for construction purposes.

4a. No construction permit shall be issued in the event of commencating the construction works in violation of the provision of art. 28 para. 1.

5. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the following formulas:

1) an application for a construction permit;

2) a statement of the right to dispose of the property for construction purposes;

3) the decision to permit the construction;

4) to report the construction and rebuilding of a single-family residential building.

6. Ascensions of the application, statements and declarations referred to in paragraph 1. 5, should include, in particular, the personal data or the name of the investor and other information necessary to resolve in the conduct of the proceedings. The design of a decision on a building permit should include, in particular, the decision of the issuing authority, the personal data or the name of the investor and other parties to the proceedings and other information necessary for the investor to carry out the works legally. construction.

Article 33. [ Additional documents attached to the application for a permit for the construction and demolition of construction sites] 1. The construction permit concerns the entire construction project. In the case of construction deliberations involving more than one object, the building permit may, at the request of the investor, refer to the selected facilities or a team of facilities that may function independently for their intended purpose. If the building permit concerns the selected facilities or a team of facilities, the investor is obliged to present the design of the plot of land or land referred to in art. 34 par. 3 point 1, for the entire construction project.

2. The application for a building permit shall be accompanied by:

1) four copies of the construction project together with the opinions, arrangements, permits and other documents required by specific provisions and the certificate referred to in art. 12 (1) 7, current on the date of project development; this does not concern the agreement and the opinion of the environmental impact assessment or the assessment of the impact of the project in the Natura 2000 site;

2) a statement of the right to dispose of the property for construction purposes;

3) a decision on the conditions for the construction and development of the site, if it is required in accordance with the planning and zoning regulations;

(3a) the licences referred to in Article 3. 23 (1) 1 and Art. 26 par. 1, and the decision referred to in art. 27 ust. 1 of the Act of 21 March 1991. on the maritime areas of the Republic of Poland and maritime administration, if they are required;

4) in the case of objects of mining plants and facilities situated in the closed areas and territories referred to in art. 82 ust. 3 point 1, the order of agreement with the body of the architectural and construction administration referred to in art. 82 ust. 2, designed solutions in the scope of:

(a) lines of construction and façade of construction works designed from roads, streets, squares and other public places,

(b) the mileage and technical characteristics of roads, communication lines and terrain networks, outside the borders of the closed areas, seaports and seaports, as well as the connection of these facilities to the public service network;

5) (repealed);

6) (repealed);

7. in the case of a road on the trans-European road network:

a) the result of the traffic safety audit referred to in art. 24l par. 1 of the Act of 21 March 1985. o public roads,

(b) the rationale for the operator of the road referred to in Article 24l par. 4 of the Act of 21 March 1985. on public roads;

8) an urban planning contract, if its conclusion is required according to the local revitalisation plan.

2a. To the provision referred to in paragraph 2. 2, point 4, shall not be entitled to a complaint.

3. To the application for permission for the construction of construction works:

1) whose execution or use may pose a serious threat to users, such as: nuclear energy facilities, refineries, chemical plants, water dams, or

2) whose construction projects contain new, unproven in national practice, technical solutions, unfounded in regulations and Polish Normans,

a specialist opinion issued by a natural person or an organisational unit designated by the competent minister should be attached.

4. The application for the demolition licence shall be accompanied by:

1) the owner's consent;

2) sketch of the location of the building object;

3) a description of the scope and manner of conducting demolition works;

4) a description of how to ensure the safety of people and property;

5) the permissions, arrangements or opinions of other bodies, as well as other documents required by specific provisions; this does not apply to the agreement and opinions obtained in the context of the assessment of the environmental impact of the project or the impact assessment projects in the Natura 2000 site;

6) depending on the needs, project demolition of the facility.

5. The construction project and other documents referred to in the paragraph. 2-4, containing classified information may be stored by the investor with the consent of the competent authority.

6. In the case of a call for the removal of deficiencies other than the deficiencies referred to in art. 35 par. 1, Article shall apply. 64 § 2 of the Code of Administrative Procedure, with the fact that the appellant's invitation to remedy the deficiencies should not take place later than after 14 days from the date of the impact of the application.

Article 34. [ Building Project Content] 1. The construction project shall meet the requirements set out in the decision on the conditions of the construction and development of the site, if it is required in accordance with the provisions on spatial planning and planning, or in the permits referred to in art. 23 (1) 1 and Art. 26 par. 1, and the decision referred to in art. 27 ust. 1 of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration, if they are required.

2. The scope and content of the construction project should be adapted to the specificity and nature of the facility and the degree of complexity of the works.

3. The construction project shall include:

1) land or land development project, drawn up on the current map, including: definition of land or land boundaries, location, outline and arrangement of existing and designed construction works, terrain networks, way of draining or the treatment of wastewater, the communication system and the green system, with an indication of the characteristic elements, dimensions, rows and distance of the objects, in relation to the existing and designed building of the neighbouring areas;

2) architectural and construction project, defining the function, the form and construction of the building object, its energy and ecological characteristics and the proposed necessary technical solutions, as well as materials, showing the principles of establishing the the surroundings, and in relation to the construction works referred to in art. 5 par. 1 point 4-also a description of accessibility for disabled persons;

3) according to the needs-in the case of a national road or a voivodship, the statement of the relevant manager of the road about the possibility of connecting the parcel with the road, in accordance with the regulations on public roads

4) according to the needs, the results of geological-engineering research and geotechnical conditions for the construction of construction works;

5) information about the area's impact.

3a. The provision of the paragraph. 3 (1) shall not apply to the construction or assembly design of a construction site where, in accordance with land-use regulations, the conditions for the construction and use of land use are not required.

3b. Article 3 (b) 3 (2) shall not apply to the construction or rebuilding project of construction equipment or underground terrain networks, if the whole of the problem can be presented in a land or land development project.

4. The construction project is subject to approval in the decision on the construction permit.

4a. The approval is subject to four copies of the construction project, of which two copies are intended for the investor, one copy for the approval authority of the project and one copy for the competent authority of the construction supervision.

5. The Investor, meeting the conditions for obtaining a construction permit, may request the issuance of a separate decision to approve the construction project, preceding the issuance of the decision on the construction permit. The decision shall be valid for a period of time in which it is marked, but not more than one year.

6. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation:

1) the detailed scope and form of the construction project, taking into account the contents of the construction project in order to ensure the readability of the data;

2) detailed rules for the determination of geotechnical conditions for the operation of construction works, taking into account the usefulness of the ground for the needs of the designed object and its nature and the qualification of it to the appropriate geotechnical category.

Article 35. [ Control of documents before issuing the permit] 1. Before issuing a decision on a building permit or a separate decision to approve a construction project, the competent authority shall check:

1) the conformity of the construction project with the findings of the local spatial development plan and other acts of local law or the decision on the conditions of the construction and development of the site in the absence of a local plan, as well as the requirements of protection the environment, in particular those identified in the environmental decision referred to in Article 71 (1) 1 of the Act of 3 October 2008. to provide information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments;

2) the conformity of the design of the land plot or the site with regulations, including technical-construction;

3) the completeness of the construction project and the possession of the required opinions, arrangements, permits and checks and the information on safety and health protection referred to in art. 20 para. 1 point 1b, and the attestater referred to in Article 1 12 (1) 7;

4) execution-in the case of the obligation to verify the project referred to in art. 20 para. 2, also verification of the project-by the person possessing the required building powers and legitimizing the current on the day of the development of the project-or its examination-the certificate referred to in art. 12 (1) 7.

2. (repealed).

3. In the event of a finding of infringements, to the extent specified in the paragraph. 1, the competent authority shall impose an obligation to remove the identified irregularities, specifying the time limit for their removal and, after its expiry, it shall issue a decision to refuse the approval of the project and to grant a building permit.

4. If the requirements referred to in paragraph are met. 1 and in Art. 32 par. 4, the competent authority shall not refuse to grant a decision on the construction permit.

5. The competent authority shall issue a decision to refuse to approve a construction project and to grant a construction permit if, in the area covered by the land or land development project, there is a construction object in relation to which the decision was given the demolition order.

6. Where the competent authority does not issue a decision on the building permit:

1) within 65 days from the date of submission of the application for such a decision, or

2) in the scope of implementation of the railway investment, within 45 days from the date of submission of the application for such a decision

-the body of the higher degree to that authority shall, by means of the order for which the complaint is due, a penalty of 500 PLN for each day of delay. The proceeds of the penalties constitute the revenue of the state budget

6a. The provision of the paragraph. It shall not apply to a building permit for a project subject to an assessment of the impact of a project on the environment or the assessment of the impact of a project in the Natura 2000 site.

7. The penalty shall be paid within 14 days from the date of service of the order referred to in paragraph 1. 6. In the event of failure to pay the penalty referred to in paragraph 1. 6, it shall be subject to the application of enforcement proceedings in the administration.

8. To the time limit referred to in paragraph. 6, the time limits laid down in the provisions of the right to carry out the specified operations, the periods of suspension of proceedings and the periods of delay caused by the fault of the party, or for reasons beyond the control of the body, shall not

Article 35a. [ Application for a decision on a permit for construction] 1. In the case of bringing a complaint to the administrative court for a decision on a permit to build the execution of that decision at the request of the complainant, the court may make an addiction subject to the lodging by the complainant to secure the investor's claims for the reasons the hold of the decision.

2. In the case of recognition of the complaint is due in whole or in part the bail is refundable.

3. In the event of dismissal of the complaint, the bail shall be used to satisfy the investor's claims.

4. In cases of bail, the provisions of the Code of Civil Procedure on Securing Claims shall apply accordingly.

Article 36. [ The content of the decision on the construction permit] 1. In the decision to permit the construction of the competent authority, if necessary:

1) lay down specific conditions for securing the site of construction and carrying out of construction works;

2) determine the duration of the use of temporary construction sites;

3) specify the dates of demolition:

(a) existing construction sites not intended for further use,

(b) temporary construction sites;

4) specify the detailed requirements for the supervision on construction;

5. shall include information on the obligations and conditions resulting from the Article. 54 or Art. 55;

6) (repealed).

2. (repealed).

Article 36a. [ Withdrawal from approved construction project] 1. Significant withdrawal from an approved construction project or other conditions of the construction permit shall be allowed only after obtaining the decision to change the building permit.

1a. Significant withdrawal from the construction project submitted together with the construction declaration referred to in art. 29 par. 1 points 1a, 2b and 19a, or the redevelopment referred to in Article 1 29 par. Point 1b, to which the competent authority has not objected, shall be admissible only after the decision on the construction permit for the entire construction project is obtained.

2. The competent authority shall revoke the decisions on the construction permit, in the case of a decision referred to in Article 4. 51 (1) 1 point 3.

3. In the proceedings on the amendment of the decision on the construction permit, the provisions of art. 32-35 shall apply mutatis mutandis to the scope of that amendment.

4. (repealed).

5. An insignificant waiver from an approved construction project or other conditions of the construction permit does not require obtaining a decision to change the building permit and is permissible, unless applicable:

(1) the scope of the land or land development project,

2) characteristic parameters of the construction object: the cubature, the surface of the construction, the height, length, width and number of floors,

3. (repealed),

4) (repealed),

5) provide the conditions necessary for the use of this facility by persons with disabilities,

6) changes in the intended use of the construction object or parts thereof,

7) the findings of the local spatial development plan or the decision on the conditions for the construction and development of the land

and does not require the opinion, arrangements, permits and other documents required by the specific provisions to be obtained.

6. The designer performs the qualifications of the intended withdrawal and is obliged to include in the construction project the relevant information (drawing and description) concerning the withdrawal referred to in the paragraph. 5.

Article 37. [ Termination of a decision on a building permit] 1. The decision of the construction permit expires if the construction has not been commenced before the end of the 3 year period from the date on which the decision became final or the construction has been interrupted for a period of more than 3 years.

2. In the case of:

1) specified in the paragraph. 1 or

(2) the annulment or repeal of the decision on the construction licence

-the commencement or resumption of the construction may take place after the decision on the construction licence referred to in Article 4 is issued. 28 para. 1.

3. In the case referred to in art. 36a par. 2, the resumption of construction may take place after the decision to permit the resumption of construction works referred to in art. 51 (1) 4.

Article 38. [ Submission to the relevant authority of the decision on the construction permit] 1. The decision of the construction permit or a copy of the construction declaration referred to in art. 29 par. 1 points 1a, 2b and 19a, or a copy of the rebuilding declaration referred to in Article 1 29 par. The competent authority shall immediately forward the environmental decision to the mayor, to the mayor, to the president of the city or to the authority which issued the decision on the conditions for construction and development of the site, with the indication that the opposition has not been raised. the conditions referred to in Article 71 (1) 1 of the Act of 3 October 2008. to provide information about the environment and its protection, public participation in environmental protection, and environmental impact assessments, or the authorisation referred to in Article 23 and art. 23a of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration.

2. The competent authority shall keep the approved construction projects, the construction projects attached to the notification for which the authority has not objected, as well as other documents covered by the construction permit or the notification, for at least the period of time the existence of a construction object.

3. The competent authority in the decision to permit the construction of a construction site on a restricted area necessary for the purposes of defence or security of the State may consent to the approved construction project, as well as other documents covered by the permit to construction containing classified information was stored by the user of the building object.

4. The provisions of the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments shall indicate the cases where the information about the decisions of the construction permit has been made public the information and the data on those decisions shall be made available in the publicly available lists.

Article 39. [ Licence for demolition of the building object entered in the register of monuments] 1. Doing works at the construction site entered in the register of monuments or in an area entered in the register of monuments requires, before the decision of the permit for the construction, to obtain a permit for carrying out these works, issued by the appropriate provincial monument conservator.

2. The permission for the demolition of the building object entered in the register of monuments may be issued after obtaining the decision of the General Conservator of the Monuments acting on behalf of the Minister responsible for culture and the protection of the national heritage of the deletion of this object from the register of monuments.

3. In relation to the construction works and the areas not entered in the register of monuments, and included in the municipal register of monuments, the permit for the construction or demolition of the building object shall be issued by the competent authority in agreement with the voivodship conservator of the monuments.

4. The Provincial Conservator of Monuments is obliged to take a position on the application for a permit for the construction or demolition of the construction works referred to in the paragraph. 3, within 30 days from the date of its service. Failure to take a position within this time limit shall be considered as a lack of reservations to the design solutions presented in the proposal.

Article 39a. [ Obtaining building consent in the area of the Holocaust Monument] Construction of a construction site, a temporary construction site and construction equipment in the area of the Holocaust Memorial or its protection zone within the meaning of the Act of 7 May 1999. on the protection of sites of former Nazi death camps (Dz. U. No 41, pos. 412, with late. zm.) requires, prior to the decision to permit the construction, to obtain the consent of the competent voyev.

Article 40. [ Move decision to other party] 1. The body which issued the decision referred to in art. 28, is required, with the consent of the party to which the decision was issued, to transfer that decision to another entity, if it accepts all the conditions contained in that decision and will make the statement referred to in art. 32 par. 4 point 2.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the decision to permit the resumption of works referred to in art. 51 (1) 4.

3. The parties in the proceedings for the transfer of the decision on the construction permit or the permit for the resumption of the works are only the entities between whom the transfer of the decision is to be made.

4. The rights and obligations arising from the notification, to which the authority has not objected, may be transferred to another person by means of a decision. The provisions of the paragraph 1 and 3 shall apply mutatis mutandis.

Article 40a. [ Explanatory provisions] Whenever the provisions of this chapter mention the decision on the conditions for the construction and development of the site, it is also understood that the location of the railway line within the meaning of the Act of 28 March 2003 is also understood. o Rail transport (Dz. U. 2007 No 16, pos. 94, z późn. zm.).

Chapter 5

Construction and commissioning of construction works

Article 41. [ Preparatory work for the construction site] 1. Construction commences shall take place as soon as the preparatory work for the construction site is undertaken.

2. Preparatory work shall be:

1) the demarcation of geodetic objects in the field;

2) execution of the land leveling;

3) development of the construction site with the construction of temporary facilities;

4) the implementation of the connection to the network of technical infrastructure for construction purposes.

3. Preparatory work may be carried out only in the premises covered by the construction permit or notification.

4. The Investor shall be obliged to notify the intended date of commencation of the works for which the construction permit is required, the construction declaration referred to in art. 29 par. 1 points 1a, 2b and 19a, or the rebuilding declaration referred to in Article 1 29 par. 2 (1b), the competent authority and the designer with the supervision of the compliance of the construction project with the project, including in writing:

1) statement of the head of construction (works), concluding the preparation of the safety and health plan and the acceptance of the obligation to drive the construction (construction works), as well as the certificate referred to in art. 12 (1) 7;

2) in the case of the establishment of investor supervision-the statement of the Investor Supervision Supervision, stating that the obligation to perform the investor's supervision over the construction works is accepted, as well as the certificate referred to in art. 12 (1) 7;

3) information containing the particulars given in the notice referred to in Article 42 par. 2 point 2.

5. The commencation of the supply of energy, water, heat or gas for the construction may take place only after the presentation of the required permit for construction or notification.

Article 42. [ Investor's and construction manager's tasks before taking preparatory work] 1. The investor is obliged to provide: the coverage of the construction management (demolition) or specific construction works and supervision of the works by a person possessing the building powers in the appropriate specialty.

2. The manager of the construction (works) is required:

1) conduct a construction or demolition journal;

2) place on construction or demolition, in a prominent place, an information board and an announcement containing data on occupational safety and health protection; this does not apply to the construction of facilities for the defence and security of the State and facilities linear;

3) adequately secure the site of the construction (demolition).

3. The provisions of the paragraph. 1 and 2 shall not apply to the construction or demolition of facilities for which a building permit is not required, except for the construction referred to in art. 29 par. 1 points 1a, 2b, 19 and 19a. The competent authority may exclude, by decision, the application of those provisions also in relation to other objects, where this is justified by a negligible degree of complexity of the works or other important considerations.

3a. The notice referred to in paragraph 1. 2, point 2, shall apply to the construction or demolition of construction works lasting more than 30 working days and at the same time the employment of at least 20 employees, or on which the planned range of works exceeds 500 individual.

4. When carrying out construction works, to drive the required professional preparation in a technical and construction specialty other than has a construction manager, the investor is obliged to ensure the establishment of the works manager in a given specialty.

Article 43. [ Obligation of geodesic designation in the field] 1. Construction facilities requiring building permits and the objects referred to in art. 29 par. 1 points 1a, 2b and 19a-20b are subject to geodetic designation in the field and, after they have been built, a geodetic post-post inventory covering their location on the ground.

1a. The obligation to geodetic designation referred to in paragraph 1. 1, shall not be subject to the connection referred to in art. 29 par. 1 point 20, if its connection to the network is located on the same plot as the attachment or on a plot adjacent to it.

(1b) Ensure the fulfilment of the obligations referred to in paragraph 1. 1, belongs to the construction manager, and in the case when the construction manager is not established-to the investor.

(2) The competent authority may impose an obligation to apply the paragraph. 1 also in relation to construction objects requiring notification.

3. Objects or elements of the building objects, which are covered by a probe, which requires a probe referred to in paragraph. 1, they shall be probed before they are covered.

4. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by Regulation, the types and scope of geodesic and cartographic works and geodetic activities in force at construction.

Article 44. [ Notice by the investor of changes] In case of change:

1) the construction manager or the work manager,

2) the inspector of investor supervision,

3) the designer of the author's supervision

-the investor shall attach to the documentation of the construction of the declaration of acquisition of the duties by the persons mentioned in points 1 to 3.

Article 45. [ Construction Log] 1. The construction log shall constitute an official document of the course of works and events and circumstances occurring in the course of the execution of the works and shall be issued by the competent authority for consideration.

2. Prior to the commencers of construction works, the registration of the persons entrusted with the management, supervision and technical inspection of the works should be carried out in the journal. These persons shall be obliged to confirm the signature of the acceptance of the functions entrusted to them.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to the keeping of logs: assembly and demolition.

4. The Minister for Construction, Local Planning and Planning and Housing shall determine, by way of regulation, the manner in which the construction, assembly and demolition logs are kept and the persons authorised to carry out the logs of the construction, installation and demolition logs, and entries, as well as data to be included in an information board and a notice containing data on safety and health protection.

5. In the Regulation referred to in paragraph. 4, shall specify in particular:

1) the shape and dimensions of the information board and the inscriptions placed on it;

2) the form of a notice;

3) the location of the information board and the announcement;

4) the scope of personal data of participants in the construction process and their functions in the field of occupational safety and health protection;

5. information on the decision to permit the construction;

6) information concerning the entities performing the works, including the name or names and the name and address;

7) the expected dates for the start and completion of the execution of the works and the maximum number of employees employed under construction;

8) information on emergency telephones.

Article 46. [ Storing documents relating to construction] The manager of the construction (demolition), and if its establishment is not required-the investor, is obliged by the period of execution of the works to store the documents constituting the basis of their execution, and a statement concerning construction products The unit used in the building object referred to in Article 10 para. 1 of the Act of 16 April 2004. about construction products, and make these documents available to the representatives of the competent authorities.

Article 47. [ Obtaining permission to enter a neighboring building] 1. If for the execution of preparatory works or works is the necessary entrance to a neighbouring building, premises or into the premises of a neighboring property, the investor shall be obliged before commencing works to obtain the consent of the owner of the neighbouring property, building or premises (tenants) to enter and agree with it the expected manner, scope and terms of use of these facilities, and possible compensation for this title.

2. In the event of disagreement of the conditions referred to in paragraph. 1, the competent authority-at the request of the investor-within 14 days from the date of submission of the application, resolves, by decision, of the necessity of entering the adjacent building, the premises or the area of the adjacent property. Where the principle of the investor's application is justified, the competent authority shall at the same time determine the limits of the necessary need and the conditions for the use of the adjacent building, premises or property.

3. The Investor, after completion of the works referred to in paragraph. 1, is obliged to repair the damage resulting from the use of adjacent property, building or premises-on the basis stipulated in the Civil Code.

4. The concept, for the purposes of construction, of the road belt or parts thereof, may occur after meeting the requirements laid down in separate regulations.

Article 48. [ Warrant for demolition of a construction object under construction or built without the required permit] 1. The competent authority shall order, subject to paragraph. 2, by decision, demolition of a construction or part of a building object, whether in construction or construction

1. without the required building permit or

2) without the required construction notification referred to in art. 29 par. 1 points 1a, 2b and 19a, or in spite of the lodging of an objection to the notification.

2. If the construction referred to in paragraph 1:

1. is in accordance with the planning and zoning regulations, and in particular:

(a) the findings of the local spatial development plan and other local law instruments, or

(b) the findings of the decision on the conditions for the construction and development of the site, in the absence of a local zoning plan,

2) is without prejudice to provisions, including technical construction, to the extent that it is impossible to bring the building object or its part to a lawful state

-the competent authority shall suspend the provision of the operation of the works.

3. In the order referred to in paragraph. 2, the requirements for the necessary security of construction shall be laid down and the obligation to provide, within a specified time limit:

1) the certificate of the mayor, the mayor or the president of the city about the compatibility of the construction with the findings of the local spatial development plan or the decision on the conditions for the construction and development of the land, in the absence of any existing plan land use;

2) the documents referred to in art. 33 (1) 2 points 1, 2 and 4 and paragraph 4. 3; no provision of art shall apply to the architectural and construction project. 20 para. 3 point 2.

4. In the event of failure within the prescribed period of time, the obligations referred to in paragraph 1 shall be met. 3, the provision of the paragraph shall apply. 1.

5. The submission within the prescribed period of the documents referred to in paragraph 1. 3, shall be treated as an application for approval of a construction project and a permit for the resumption of construction works if the construction has not been completed.

Article 49. [ Examination of projects before the decision on their approval] 1. The competent authority, before issuing a decision on the approval of a construction project and granting permission for the resumption of construction works, shall examine:

1) the compatibility of the land or land development project with the planning and planning regulations and, in particular, with the findings of the local zoning plan,

2) completeness of the construction project and having the required opinions, arrangements, permits and checks,

3) execution of a construction project by a person possessing the required building powers

-and, by way of order, set the amount of the legalisation fee. The order shall be entitled to a complaint.

2. The provisions on penalties referred to in Article 4 shall apply mutatis mutandis to the legalisation charge. 59f ust. 1, except that the rate of charge is subject to a 50-fold increase.

3. In the event of a finding of infringements, to the extent specified in the paragraph. 1, the competent authority shall impose an obligation to remove the identified irregularities within a specified time limit and shall, after its expiry, issue the decision referred to in Article 1. 48 (1) 1. This decision shall also be issued in the event of non-payment within the time limit of the legalization fee, subject to Art. 49c (c) 2.

4. If the requirements referred to in paragraph are met 1, the competent authority shall issue a decision:

1) on the approval of the construction project and the permit for the resumption of works;

2) on the approval of a construction project, if the construction has been completed.

4a. The decisions referred to in paragraph 4, may be issued after prior assessment of the environmental impact of the project or the assessment of the impact of the project on the Natura 2000 site, if it is required by the provisions of the Act of 3 October 2008. on the provision of information on the environment and its protection, public participation in the protection of the environment and environmental impact assessments, where this assessment is possible to carry out an analysis of alternatives projects and possibilities to set conditions for its implementation in the field of environmental protection.

5. In the decision referred to in paragraph. 4, the obligation to obtain a decision on the use permit shall be imposed.

Article 49a. [ Reimbursement of legalization fee] 1. In the event of a repeal in the appeal proceedings, the decision referred to in art. 49 (1) 4, and issue the decision referred to in art. 48 (1) 1, the legalization fee is refundable, subject to the paragraph. 2, within 30 days of the date on which the execution of the demolition is determined.

2. If the execution of the decision to order the demolition of the building object is carried out in the alternative execution mode, referred to in the provisions on enforcement proceedings in the administration, the legalization fee shall be counted against the replacement cost.

Article 49b. [ Warrant for demolition of a construction object under construction or built without the required notification or opposition] 1. The competent authority shall order, subject to paragraph. 2, by decision, demolition of the construction site, or parts thereof, whether in construction or built without the required notification, or in spite of an objection by the competent authority.

2. If the construction referred to in paragraph 1, is in accordance with the planning and spatial planning regulations, and in particular the findings of the local spatial development plan or, in the absence thereof, of the decision on the conditions for the construction and development of the land and without prejudice to provisions, including technical construction, the competent authority withholds the order-when the construction has not been completed-carrying out the works and imposes an obligation on the investor to submit within 30 days:

1) the documents referred to in art. 30 par. 2 or Article 30 par. 2 and 3, or art. 30 par. 2 and 4;

2) the design of the plot of land or land;

3) the certificate of the mayor, the mayor or the president of the city about the compatibility of the construction with the findings of the local spatial development plan or the decision on the conditions for the construction and development of the land, in the absence of any existing plan land use.

3. In the event of failure to comply with the obligation referred to in paragraph. 2, the provision of the paragraph shall apply. 1.

4. If the circumstances referred to in paragraph 1 are met. 2, the competent authority shall, by way of order, determine the amount of the legalisation fee. The order shall be entitled to a complaint.

5. The provisions of the Article shall apply mutatis mutandis to the legalisation fee. 59g, except in the case of the construction fee referred to in:

1. 29 par. 1 points 9-11, 14, 15, 17 and in Article 30 par. 1 points 3 and 4-is 2500 zł;

2. Article 29 par. 1 points 1, 2, 2a, 3, 3a, 6, 12, 13, 16, 19, 20b and 28 shall be 5000 PLN.

(6) The competent authority shall, where the construction has not been completed, after the payment of the fee referred to in paragraph 1, is not completed. 5, allows, by way of order, to complete the construction.

7. In the event of non-payment within the time limit of the legalization fee, the competent authority shall issue the decision referred to in paragraph. 1, subject to Article 49c (c) 2.

Art. 49c. [ Application of the provisions of the Act-Tax Ordinance] 1. For the legalization fees referred to in art. 49 (1) 1 and Art. 49b (b) 4, in the unregulated scope of the Act, the provisions of Chapter III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. 2012 r. items 749, of late. zm.), except that the powers of the tax authority are entitled to the wojewoda.

2. The submission of the application referred to in art. 67a § 1 of the Act of 29 August 1997. -The tax ordinance suspends the administrative proceedings carried out on the basis of art. 48, art. 49 and Art. 49b until the resolution of the application.

Article 50. [ Restoration of construction works] 1. In cases other than those referred to in art. 48 (1) 1 or in Art. 49b (b) 1. the competent authority shall suspend the provision of construction works carried out:

1. without the required building permit or notification or

2. in such a way as to endanger the safety of people or property or the threat of the environment, or

3) on the basis of the notification in violation of Art. 30 par. 1, or

4) in a manner significantly deviating from the arrangements and conditions specified in the construction permit, the construction project or the regulations.

2. In the order for the cessation of construction works, the following shall be:

1) indicate the reason for the cessation of works;

2) lay down the requirements for the necessary safeguards.

3. In order to suspend the works, an obligation to submit shall be imposed, within 30 days from the date of service of the order, the inventory of the works carried out or the relevant technical assessments or expert reports.

4. The order to suspend the works shall cease to be valid after 2 months from the date of service, unless the decision referred to in art is issued within that period. 50a point 2 or in art. 51 (1) 1.

5. In order to suspend the works, the complaint is intended to be grievited.

Article 50a. [ Order of total or partial demolition] The competent authority shall, in the event of the execution of the works, notwithstanding the suspension of the execution of

1) referred to in art. 48 (1) 2 and in Article 49b (b) 2-instructs, by decision, the demolition of the building object or its parts;

2) referred to in art. 50 par. 1-instructs, by decision, the demolition of a part of a construction object executed after service of the order or to bring the building object to the previous state.

Article 51. [ Warrant for the abandonement of further works or for the preparation of a replacement project] 1. Before the expiry of 2 months from the date of issue of the order referred to in art. 50 par. 1, the competent authority by decision:

1) orders the abandonsion of further works or demolition of the building object or parts thereof, or bring the object to the previous condition, or

2) imposes an obligation to perform certain works or works to bring the construction works to a lawful condition, specifying the time limit for their execution, or

3) in case of substantial withdrawal from the approved construction project or other conditions of the construction permit-imposes, specifying the deadline for the execution, the obligation to draw up and present the design of the construction of the replacement, taking into account the changes resulting from the construction works carried out so far and, if necessary, the execution of specific activities or works in order to bring the construction works to a lawful status; provisions relating to the construction project shall apply mutatis mutandis to the extent of those changes.

1a. In case of substantial withdrawal from the construction project in violation of Art. 36a par. 1a, the provisions of the paragraph. 1 point 3 and paragraph 1 4 and 5 shall apply mutatis mutandis.

2. In the case of the issue of the order referred to in art. 50a point 2, the decisions referred to in paragraph 2. 1 point 2 or 3, shall be issued after the performance of the obligation laid down in that order.

3. After the expiry of the time limit or at the request of the investor, the competent authority shall verify the performance of the obligation referred to in the paragraph. 1 point 2, and issue a decision:

1. the statement of performance of the obligation, or

(2) in the event of a failure to comply with the obligation-to refrain from further works or to demolish the object or part thereof, or to bring the object to the previous condition.

4. After the expiry of the time limit or at the request of the investor, the competent authority shall verify the performance of the obligation referred to in the paragraph. 1 point 3, and issue a decision on the approval of a construction project and a permit for the resumption of construction works or-if the construction has been completed-of the approval of the construction project of the replacement. That Decision imposes an obligation to obtain a decision on the use of the licence.

5. In the event of failure to comply with the obligation referred to in paragraph. In accordance with Article 1 (1), the competent authority shall issue a decision ordering the abandonsion of further works or the demolition of an object or part thereof, or to bring the facility into a previous state.

6. The provisions of the paragraph. 4 and 5 concerning the use permit shall not apply to works other than the construction or rebuilding of a construction site or part thereof.

7. The provisions of the paragraph. 1 (1) and (2) and (2) 3 shall apply mutatis mutandis where the works, in cases other than those referred to in Article 3 (1), 48 or in art. 49b, have been made in the manner referred to in art. 50 par. 1.

Article 52. [ Actions made at the expense of the investor, owner or manager of the building object] The investor, owner or manager of a construction site shall be obliged to carry out the tasks prescribed in the decision referred to in art. 48, art. 49b, art. 50a and art. 51.

Article 53. [ Application of provisions of the Act] Article Recipe 52 shall also apply to construction works, which are subject to demolition within the time limits referred to in Article 4 (1). 36 ust. 1 point 3.

Article 54. [ Accession to the use of the construction site] For the use of a construction object for the construction of which a building permit or a construction declaration is required, referred to in art. 29 par. 1 points 1a and 19a, may be aced, subject to Article 55 and art. 57, after notification to the competent authority of the completion of the construction, if that authority does not object by decision within 14 days from the date of notification of the notice. Article Recipe 30 par. 6a shall apply.

Article 55. [ Final decision on the use permit] 1. Before commencing the use of a construction object, it is necessary to obtain a decision on the use permit, if:

1) for the construction of a construction site is the required construction permit and it is included in the category:

(a) V, IX-XVI,

(b) XVII-with the exception of craft workshops, vehicle service stations, car washes and garages up to and including five posts,

(c) XVIII-with the exception of storage facilities: building blocks, refrigerators, hangars and hangars, as well as railway buildings: at-rate, traction substations, locomotives, railway wagons, crossing guards and railway rolling stock,

(d) XX,

(e) XXII, with the exception of component, parking and parking facilities,

(f) XXIV, with the exception of fish ponds,

(g) XXVII-with the exception of jazz, flood-shafts and coastlines and meliorative grooves,

(h) XXVIII-XXX

-referred to in the Annex to the Act;

2. the circumstances referred to in Article 1 shall be maintained. 49 (1) 5 or Art. 51 (1) 4;

3) the entry into service of the construction site is to take place before the execution of all the works.

2. The Investor, instead of making a notice of completion of the construction, may apply for a decision on the use of the permit.

Art. 55a. (repealed).

Article 56. [ Notice of the relevant authorities on completion of construction] 1. The Investor, in respect of which the obligation to obtain a permit for the use of the construction object, shall be obliged to notify, in accordance with the property resulting from the special provisions, the authorities shall:

1) (repealed),

2) State Sanitary Inspection,

3. (repealed),

4) State Fire Service

-the completion of construction of the construction site and the intention to accede to its use. The bodies occupy a position on the conformity of execution of the construction object with the construction project.

1a. The provisions of the paragraph. 1 shall also apply where a construction project not subject to the obligation to obtain a permit for use requires a contract in terms of fire protection or hygiene and health requirements.

2. Failure to take a position by the authorities, as listed in paragraph. 1, within 14 days from the date of receipt of the notice, shall be treated as non-declaration of opposition or comments.

Article 57. [ Documents to be included in the construction completion notice] 1. The notice of the completion of construction of a construction object or an application for the granting of a permit for the use of an investor shall be accompanied by:

1) the original of the construction journal;

2. statement of the construction manager:

(a) of the conformity of the construction work with the construction project or the conditions of the construction permit and the provisions,

(b) the completion of the construction site and, in the case of use of the road, street, adjacent property, building or premises, in the event of use;

3) a statement on the proper development of adjacent areas, if the operation of the built facility depends on their respective management;

4) protocols for testing and checking;

5) geodetic documentation, containing the results of the geodesic inventory of the foregoing and information about the compatibility of the location of the building object with the design of the plot of land or land or the derogations from the project, made by the person implementing self-contained functions in the field of geodesy and cartography and with the relevant professional powers;

6) the confirmation, in accordance with the separate provisions, of the reception of the joints made;

7) (repealed);

7a) a certificate of the mayor, mayor or president of the city, confirming the fulfilment of the conditions referred to in art. 37i ust. 8 of the Act of 27 March 2003. planning and planning of spatial planning (Dz. U. of 2015 items 199, with late-night zm. zm.), if required;

(8) in the case of a road on the trans-European road network:

a) the result of the traffic safety audit referred to in art. 24l par. 1 of the Act of 21 March 1985. o public roads,

(b) the rationale for the operator of the road referred to in Article 24l par. 4 of the Act of 21 March 1985. o public roads.

1a. In the case of a notice of completion of the construction or submission of an application for the grant of a permit for the use of a residential building or a building with a residential part, the statement referred to in the paragraph shall be provided. In accordance with the provisions of the Regulation referred to in Article 1, point 2 (a), information on the measurement of the floor area of the building and of the individual dwellings shall be provided. 34 par. 6 point 1.

2. In the event of changes which are not relevant to the approved design or the conditions of the construction permit, made during the execution of the works, the notice referred to in paragraph 1 shall be made. 1, shall be accompanied by copies of the drawings of the approved construction project, with the amended changes, and, if necessary, a supplementary description. In that case, the statement referred to in paragraph 1 shall be made. 1 point 2 (a), should be confirmed by the designer and the supervisor of the investor's supervision, if it is established.

3. The Investor is obliged to join the application referred to in the paragraph. 1, or to the notification in the case referred to in art. 56 par. 1a, statements of absence of opposition or of comments by the authorities referred to in Article 56.

4. The Investor is obliged to supplement the documents mentioned in the paragraph. 1-3, if, as a result of their verification by the competent authority, it is found that they are incomplete or have deficiencies and inaccuracies.

5. (repealed).

(6) The application for a permit for use shall constitute a request from the competent authority to carry out the compulsory inspection referred to in Article 3. 59a.

7. In the case of a statement of accession to the use of a construction object or its part in violation of the provisions of the art. 54 and 55, the competent authority shall measure the penalty for the illegal use of the construction site. The provisions on penalties referred to in Article 1 shall apply mutatis mutandis to that penalty. 59f ust. 1, except that the rate of charge is subject to a ten-fold increase.

(8) Upon completion of the proceedings concerning the notice of completion of the construction or the granting of a permit for use, the competent authority shall immediately return the documents referred to in paragraph 1 to the investor. 1 points 1, 4 and 5.

Article 58. (repealed).

Article 59. [ Decision on the permission to use the building object] 1. The competent authority shall issue a decision on the permit for the use of a construction object after the compulsory inspection referred to in Article 59a.

2. The competent authority may determine the conditions of use of the building object in the permit for the use of the construction object or make its use subject to the execution, within the time limits specified, of the specific works.

3. If the competent authority finds that the building object meets the conditions set out in the paragraph. 1, in spite of the failure of parts of the finishing works or other construction works related to the object, in the issued use permit may determine the deadline for the performance of those works.

4. The provision of the paragraph. 3 shall not apply to installations and facilities for the protection of the environment.

4a. The investor is obliged to notify the competent authority about the completion of the works carried out, after the accession to the use of the construction site, on the basis of the use permit.

5. The competent authority shall, subject to paragraph 1. 2 and 3, refuses to issue a permit for the use of a construction site in the event of failure to meet the requirements set out in the paragraph. 1 and in Art. 57 (1) 1-4. The provisions of Article 4 51 shall apply mutatis mutandis.

(6) A decision on the use of a construction object shall be sent by the competent authority without delay to the authority which issued the decision on the conditions for the construction and management of the site or of the authorisation referred to in Article 3. 23 (1) 1 and Art. 26 par. 1, and the decision referred to in art. 27 ust. 1 of the Act of 21 March 1991. about the maritime areas of the Republic of Poland and maritime administration.

7. Only the investor is the party in the proceedings concerning the use of the licence.

Article 59a. [ Mandatory construction inspection] 1. The competent authority shall carry out, upon the call of the investor, the mandatory inspection of the construction in order to determine the performance of it in accordance with the arrangements and the conditions laid down in the construction permit.

2. The check referred to in paragraph 2. 1, includes verification of:

1) the conformity of the construction site with the design of the plot of land or land;

2) compliance of the building object with the architectural and construction project, in the scope of:

(a) the technical characteristics: cubature, construction area, height, length, width and number of floors,

(b) the performance of visible load-bearing elements of the structural layout of the building object,

(c) roof geometry (angle of inclination, the height of the crib and the system of roofing areas),

(d) execution of construction equipment,

(e) essential elements of the construction and installation equipment, which ensure the use of the facility as intended,

(f) ensuring the conditions necessary for the use of this facility by disabled persons, in particular wheelchair-moving, in relation to a public utility and a multi-family dwelter;

3) construction products particularly relevant for the safety of construction and fire safety;

4) in case of imposition in the permit for the construction of an obligation to demolition of existing construction works not intended for further use or temporary construction works-the execution of this obligation, if the demolition deadline specified in the licence;

5) the ordering of the construction site.

Article 59b. (repealed).

Article 59c. [ The date of the inspection] 1. The competent authority shall carry out the compulsory inspection within 21 days from the date of service of the call or of the supplementary notice. The authority shall notify the investor of the deadline of 7 days from the date of notification of the call or of the supplementary call.

2. The Investor is obliged to participate in the compulsory inspection within the prescribed period.

Article 59d. [ Audit Protocol] 1. The competent authority shall, after the compulsory inspection, draw up a protocol in triplicate. One copy of the minutes shall be delivered to the investor immediately after the checks have been carried out, the second copy shall be forwarded to the higher authority and the third copy shall remain in the competent authority.

(1a) The transmission of the Protocol to a higher level authority in electronic form is allowed. In such a case, two copies of the minutes shall be drawn up.

2. The protocol referred to in paragraph 2. 1, shall be kept for the duration of the construction object.

3. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the model of the protocol of compulsory inspection.

4. The model of the protocol should include, in particular, information concerning the personal data of the persons involved in the control and the information necessary for the determination of the course and outcome of the inspection carried out, including: address and category of the construction object, the arrangements for the conformity of the execution of the construction site with the approved construction project and the other conditions specified in the construction permit.

Art. 59e. [ The entity carrying out the compulsory inspection] The mandatory inspection of the construction or the construction site may, under the authority of the competent authority of the construction supervision, be carried out only by the person employed by that authority and with the authority of construction.

Article 59f. [ Penalty for irregularities detected during inspection] 1. In the case of a statement in the course of compulsory inspection of irregularities in the scope referred to in art. 59a (b) 2, the penalty constituting the product of the toll rate (s), the coefficient of the category of the building object (k) and the coefficient of the size of the building object (w) shall be used.

2. The charge rate (s) is 500 PLN.

3. The object categories, the object category ratio, and the object size factor determine the annex to the law.

4. In the case of a construction object, except for a single-family residential building, there are parts corresponding to different categories, the penalty shall be the sum of the penalties calculated for the different categories.

5. In the case of finding irregularities in the scope referred to in art. 59a (b) 2, the penalty shall be calculated separately for any irregularity found. The penalty shall be the sum of the penalties calculated.

(6) In the event of a penalty, the competent authority shall, by decision, refuse to issue an authorisation for use and shall carry out, to the extent appropriate, the procedure referred to in Article 4. 51.

Art. 59g. [ Measurement of the sentence by means of a provision] 1. The penalty referred to in art. 59f ust. 1, the competent authority of the covenant by way of the order for which the complaint may be granted. The proceeds of the penalties constitute the revenue of the state budget

2. The measured penalty shall be filed within 7 days from the date of service of the order referred to in the paragraph. 1, in the cash of the competent voivodship office or for the bank account of this office.

3. In the event of a failure to pay the penalty within the time limit, it shall be subject to the application of the enforcement proceedings in the administration.

4. Authorised to request execution by way of enforcement of the administrative obligations referred to in paragraph. 3, there is water.

5. The penalties referred to in paragraph. 1, the provisions of Chapter III of the Act of 29 August 1997 shall apply accordingly. -Tax law, except that the powers of the tax authority, with the exception of those referred to in paragraph. 1, the wojewater is entitled.

6. The authority competent to issue, amend, repeal or annul the order shall immediately send a copy of the issued provisions to the competent voishian.

Article 60. [ Submission of construction documentation] The investor, by putting into service the building object, shall transfer the construction documentation and documentation as such to the owner or manager of the object. Other documents and decisions concerning the facility are also transferred, as well as, where necessary, operating and operating instructions: the facility, the installation and the facilities associated with the facility.

Chapter 6

Maintenance of construction works

Article 61. [ Obligations of the owner or manager of the building object] The owner or manager of a construction site shall:

1) maintain and use the facility in accordance with the rules referred to in art. 5 par. 2;

2) ensure, when due diligence, safe use of the object in the event of external factors affecting the object, related to human activity or forces of nature such as: atmospheric discharge, shocks seismic, strong winds, intense precipitation, landslides, ice-water phenomena on rivers and sea, and lakes and water reservoirs, fires or floods resulting in damage to a construction site or a direct threat such damage which may cause the risk of life or human health, Safety of property or environment.

Article 62. [ Control of construction sites at the time of their use] 1. Construction facilities shall be subject to inspection by the owner or the control manager during their use:

1) periodically, at least once a year, to check the technical condition:

(a) elements of the building, structures and installations exposed to harmful atmospheric influences and destructive actions of factors occurring during the operation of the facility,

(b) environmental protection installations and equipment,

(c) gas installations and chimney pipes (smoke, exhaust and ventilation);

2) periodic, at least once every 5 years, consisting of the verification of the technical condition and the suitability for use of the construction object, the aesthetics of the construction object and its surroundings; this control should also be covered by the installation test electrical and lightning protection of the state of the connections, fixtures, safeguards and protection measures, insulation resistance of hoses, and the ground of installation and apparatus;

3) the periodic in the range referred to in point 1, at least twice a year, between 31 May and 30 November, in the case of buildings with an area of construction exceeding 2000 m ² and other construction sites with a roof area exceeding 1000 m ² ; the person making the check shall immediately notify the competent authority of the inspection in writing;

4) the safe use of the facility each time the circumstances referred to in art are present. 61 point 2;

4a) [ 1] in the case of a declaration by persons residing in a dwelling located in a construction site where there are unjustified technical or useful interference and/or infringements which do not satisfy the conditions laid down in Article 4 (1) of the Regulation. 5 (2);

5) (repealed);

6) (repealed).

1a. During the inspection referred to in paragraph 1. 1, the implementation of the recommendations of the previous audit should be verified.

1b. (repealed).

2. The obligation of the control referred to in paragraph. 1 point 1 (a) shall not include owners and managers:

1) single-family dwellings;

2) construction sites:

(a) at risk and summer construction,

(b) listed in Article 29 par. 1.

2a. [ 2] The scrutiny referred to in paragraph 1. 1 point 4a, the owner or manager is obliged to carry out within 3 days of receipt of the notification.

3. The competent authority shall, in the event of a failure to determine the technical condition of the construction object or of its parts, which may cause a threat to the life or health of humans, safety of property or the environment, require that the control be carried out by the competent authority of the Member State Paragraph 1. 1, and may request that the technical condition of the facility or its parts be presented.

4. The checks referred to in paragraph 1. 1, subject to paragraph. 5-6a, they carry out persons with building powers in the appropriate specialty.

5. Checks on the technical condition of electrical installations, lightning and gas, referred to in paragraph. 1 point 1 lit. c and point 2 may be carried out by persons having the qualifications required for the performance of the supervision of the operation of the equipment, the installation and the energy and gas networks.

6. A control of the technical condition of the chimney wires referred to in paragraph. In point 1 (c), they shall carry out:

1) persons holding a master's qualification in the Kominiarski craft-in respect of the smoke and gravitational cables of exhaust and ventilation;

2) persons with a construction authority of the relevant specialty-for chimney pipes referred to in point 1, and to industrial chimneys, slow standing chimneys and chimney or chimney chimneys, in which the chimney drauxes is forced by the work of mechanical appliances.

6a. The control of the technical condition and the safety state of the piles may also be carried out by authorised employees of the state security service of the building piles.

(7) The detailed scope of the inspection of certain structures and the obligation to carry out more frequently than those laid down in the paragraph. 1, may be specified in the regulation referred to in art. 7 ust. 3 point 2.

Article 63. [ Storing documents and technical projects] 1. The owner or manager of a construction object is obliged to store for the period of existence of the object the documents referred to in art. 60, as well as design and technical documents of the works carried out in the facility in the course of its use.

2. (repealed).

3. (repealed).

Article 63a. (repealed).

Article 64. [ Obligation to conduct a book of a building object] 1. The owner or manager shall be obliged to carry out for each building and the construction object which is not a building, the design of which is covered by the obligation to verify referred to in art. 20 para. 2, a book of the building object, constituting a document intended for records concerning the performed tests and inspections of technical condition, repairs and reconstructions, during the useful life of the building object.

2. The obligation to carry out a book of a construction object referred to in the paragraph. 1, does not include owners and managers:

1) single-family dwellings;

2) construction sites:

(a) at risk and summer construction,

(b) listed in Article 29 par. 1;

3) roads or bridge facilities, if they carry out a book of roads or a book of the bridge object on the basis of regulations on public roads.

3. Protocols from the control of the building object, including protocols from the control of the heating system and the air-conditioning system referred to in art. 29 par. 1 of the Act of 29 August 2014. o the energy performance of buildings (Dz. U. Entry 1200), assessments and expert opinions concerning its technical condition, the energy performance certificate and the documents referred to in art. 60, they are attached to the book of the building object.

4. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the design of the book of the building object and the way it is carried out.

Article 65. [ Providing documents to the representatives of the competent authority] The owner or manager of a construction site shall be required to make available the documents referred to in Article 4. 64 par. 3, the representatives of the competent authority and other organisational units and bodies authorized to control the maintenance of the construction works in the appropriate technical condition and to check compliance with the regulations in force in the construction.

Article 66. [ Warrant for the removal of irregularities from the construction site] 1. If it is found that a construction object:

1) may threaten the life or health of people, the safety of property or the environment, or

2) it is used in a way that threatens the life or health of people, the safety of property or the environment, or

3) is in the wrong technical condition, or

4) results in a disfigurement of the surroundings

-the competent authority shall, by decision, order the removal of the irregularities found, specifying the time limit for the performance of that obligation.

1a. [ 3] In the event of unjustified technical or functional reasons for interference or breach of the requirements relating to a construction object, the nature of which prevents or significantly impedes the use of it for residential purposes, the supervisory authority the construction requires, by decision, the removal of the effects of interference or breaches or the restoration of the previous condition. The decision shall be immediately enforctive and may be proclaimed orally.

2. In the decision referred to in paragraph. 1 points 1 to 3, the competent authority may prohibit the use of the construction site or parts thereof until the irregularities found have been rectified. The decision to prohibit the use of the facility if the circumstances referred to in the paragraph are present. 1 (1) and (2), shall be immediately enforcable and may be declared orally.

Article 67. [ Warrant for the dissection of the building object unfit for renovation] 1. If a non-used or unfinished construction object is not suitable for refurbishing, rebuilding or finishing, the competent authority shall issue a decision ordering the owner or manager to demolish that object and arrange the site and specifying the time limits accession to these works and their termination.

2. The provision of the paragraph. 1 shall not apply to construction sites entered in the register of monuments.

3. In relation to the construction works not entered in the register of monuments, and covered by conservation protection on the basis of the local spatial development plan, the decision referred to in the paragraph. 1, the competent authority shall issue after agreement with the voivodship conservator of the monuments.

4. The Provincial Conservator of Monuments is obliged to take a position within 30 days. Failure to take a position within this time limit shall be deemed to be an arrangement.

Article 68. [ Order of emptying of the building threatening to collapse] If the need for emptying in whole or in part of a building intended for human being, directly threatening to collapse, is determined, the competent authority shall be obliged:

1) to order, by decision, on the basis of the protocol of the visual inspection, the owner or manager of the construction object of emptying or the exclusion within a specified date of the whole or part of the building from use;

2) send the decision referred to in point 1, which is required to ensure replacement premises on the basis of separate regulations;

3. order:

(a) the placing on the building of a notification of a state of risk of security of persons or property and of the prohibition of its use

(b) the execution of ad hoc safeguards and the removal of the threat to the safety of persons or property, specifying, technically justified, the time limits for their execution.

Article 69. [ Application of safeguards] 1. [ 4] Where necessary, without delay, action to remove the danger to humans or property, or interference or infringements referred to in Article 66 (1) 1a, the competent authority shall ensure, at the expense of the owner or the manager of the building object, the application of the necessary safeguards.

2. To be used, at the expense of the owner or the manager, of the measures provided for in the paragraph. 1 are authorized also by the authorities of the Police and the State Fire Service. Those authorities shall immediately inform the competent authority of the action taken.

Article 70. [ Obligation to remove defects found in construction facilities] 1. [ 5] The owner, the manager or the user of the construction object on which the repair obligations laid down in the separate provisions or contracts are incumbed shall be required at the time or immediately after the inspection referred to in Article 4. 62 ust. 1 points 1 to 4a, remove any identified damage and make up for any deficiencies which could endanger the life or health of humans, safety of property or the environment, and in particular a construction disaster, fire, explosion, electric shock or Gas poisoning.

2. The obligation referred to in paragraph. 1, should be confirmed in the protocol from the control of the building object. The person making the checks shall be obliged to send a copy of that protocol without delay to the competent authority. Upon receipt of a copy of the Protocol, the competent authority shall carry out immediately the control of the construction site in order to confirm the removal of the defects found and to supplement the deficiencies referred to in paragraph 1. 1.

Article 71. [ Changing the use of a construction object or part of a construction object based on a required ticket] 1. By changing the way of use of a construction object or part of it shall be understood in particular:

1) (repealed);

2) undertake or omisance in a construction site or part of its activity changing the conditions: fire safety, flood safety, work, health, hygiene, environmental protection or size or system of burdens.

2. The change in the use of a construction site or parts thereof shall be notified to the competent authority. The notification shall specify the existing and intended use of the construction site or part thereof. The notification shall be accompanied by:

1) description and drawing determining the location of the construction object in relation to the boundaries of real estate and other construction works existing or built on this and adjacent real estate, with the designation of the part of the construction object in which it intends Make a change of use;

2) a concise technical description, specifying the nature and characteristics of the construction object and its construction, together with technical and utility data, including the sizes and distribution of the loads and, where necessary, the technological data;

3) the statement referred to in art. 32 par. 4 point 2;

4) certificate of the mayor, mayor or president of the city about the conformity of the intended use of the building object with the findings of the local spatial development plan or the decision on the conditions of construction and development of the building the site, in the absence of an existing local spatial development plan;

5. in the event of a change in the manner of use referred to in paragraph. 1 point 2-technical expertise, carried out by a person with construction powers without restriction in the relevant speciality;

6) depending on the needs-licences, arrangements or opinions required by separate regulations.

(3) If necessary to complete the notification, the competent authority shall, by way of order, require the notifier to complete the missing documents within a specified time limit and, in the event of failure to complete it, shall object by decision.

4. The application referred to in paragraph 4. 2, must be done before altering the use of the building object or part of it. A change in the use may take place if, within 30 days, from the date of service of the notification, the competent authority does not object by decision and no later than 2 years after service of the notification.

4a. (repealed).

4b. To the opposition referred to in paragraph 1. 4, rule of art. 30 par. 6a shall apply.

5. The competent authority shall object if the intended change in the use of a construction site or parts thereof:

1) requires the execution of construction works, subject to the obligation to obtain a construction permit;

2) contravenes the findings of the local spatial development plan and other local legislation or decisions on the conditions of construction and development of land, in the absence of an existing local zoning plan Spatial;

3) may cause unacceptable:

(a) threats to the security of people or property

(b) deterioration of the environment or the state of preservation of monuments

(c) deterioration of health and sanitation,

(d) the introduction, perpetuation or enhancement of restrictions or nuisances for the neighbouring areas.

6. If the intended change in the use of a construction object or part of it requires the execution of works:

1) covered by the obligation to obtain a building permit-the decision on how to change the use shall be made in the decision on the construction permit;

2. covered by the notification obligation, to the notification referred to in paragraph 1. 2, the provisions of Article 4 shall apply mutatis mutandis. 30 par. 2-4.

7. Making the notification referred to in paragraph. 2, after a change in the use of a construction object or part of it does not have legal effect.

Art. 71a. [ Change of use of the construction site or parts thereof without the required notification] 1. In the event of a change in the use of the building object or its parts without the required notification, the competent authority shall, by way of provision:

1) pauses the use of the construction object or its parts;

2) imposes an obligation to present the documents referred to in Article within the prescribed time limit. 71 (1) 2.

2. After the expiry of the time limit or at the request of the obligated, the competent authority shall verify the performance of the obligation referred to in paragraph. In accordance with the provisions of Article 1 (1) of the Treaty, and in the event of a finding of its execution, the amount of the legalisation fee The order shall be entitled to a complaint.

3. The provisions on penalties referred to in Article 3 shall apply mutatis mutandis to the legalisation fee. 59f ust. 1, except that the rate of charge is subject to a ten-fold increase.

4. In the event of failure to comply with the obligation referred to in paragraph. 1, or the further use of the construction object or parts thereof, despite its suspension, or change of the way of use of the construction object or parts thereof, despite the lodging of the opposition referred to in art. 71 (1) 3-5, the competent authority shall, by decision, require the reinstatement of the previous use of the construction site or part thereof.

Article 72. [ Conditions and procedures for dealing with demolition] 1. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of the Regulation, the conditions and the procedure for dealing with the demolition cases referred to in Article 3. 67.

2. The Minister for Construction, Local Planning and Planning and Housing shall determine, by way of regulation, the manner and conditions of conduct and the procedure for dealing with the demolition of construction works, explosive method.

3. In the Regulation referred to in paragraph. 1, the tasks of the competent authority conducting the demolition procedure and the obligations imposed on the owner or the manager of the construction object and the conditions for their implementation should be specified, bearing in mind that these obligations should be technically justified and do not cause undue burden on the owner or the manager.

Chapter 7

Construction catastrophe

Article 73. [ Construction Disaster] 1. The construction disaster is the unintentional, violent destruction of the construction object or its parts, as well as the construction elements of scaffolding, elements of forming devices, tight walls and excavation covers.

2. It is not a construction disaster:

1) damage to an embedded element in a building object, suitable for repair or replacement;

2) damage or destruction of building equipment related to buildings;

3) installation failure.

Article 74. [ Explanatory proceedings on the causes of the construction disaster] The investigation into the causes of the construction disaster shall be carried out by the competent authority of the construction supervision.

Article 75. [ Proceedings in the event of a construction disaster] 1. In the case of a construction disaster in a built, undated or operated construction facility, the manager of the construction (works), owner, manager or user is required:

1) organise ad hoc assistance to the victims and counteract the expansion of the effects of the disaster;

2) to secure the place of the disaster before changes preventing the conduct of the proceedings referred to in art. 74;

3. immediately inform about the disaster:

(a) competent authority,

(b) the local prosecutor and the police responsible,

c) the investor, the supervisor of the investor's supervision and the designer of the construction object, if the disaster occurred during construction,

(d) other bodies or agencies concerned with the causes or effects of the disaster under specific provisions.

2. The provision of the paragraph. 1 point 2 shall not apply to activities intended to save lives or to protect against the extension of the effects of a disaster. In these cases, the state after the catastrophe and the changes made to it, with the marking of the places of introduction on the sketches and, where possible, in the photographs, shall be described in detail.

Article 76. [ Action of the construction supervisory authority upon receipt of notification of a construction crash] 1. The body referred to in art. 74, upon receipt of a notification of a construction disaster shall be required:

1. immediately set up a commission to determine the causes and circumstances of the disaster and the scope of operations necessary to eliminate the threat of security of people or property;

2) immediately notify the construction disaster to the competent authority of the higher degree of construction and the Chief Inspector of Construction Supervision.

2. The composition of the committee referred to in paragraph 2. 1 point 1, enter: representative of the competent authority as chairman, representatives of other interested parties or competent authorities of government administration, representatives of local government and, where necessary, appraisal construction or other persons with the required professional qualifications.

3. To participate in the activities of the commission may be called upon:

1) the investor, the owner or the manager and the user of the construction object;

2) the designer, representative of the contractor and the manufacturer or importer of construction products;

3) the persons responsible for the supervision of the construction works carried out.

4. The body referred to in art. 74, may instruct the owner or the administrator, by decision, to secure the place of the disaster and the construction object which has been catastrophic, to arrange the site or to perform other necessary works and works. The decision shall be immediately enforctive and may be proclaimed orally. In the event of a failure or undue delay in the execution of the decision by the owner or the manager of the building object, the body shall ensure its execution at the expense and risk of the obliged.

Article 77. [ Takeover of the investigation procedure by the Chief Inspector of Building Supervision] The authorities referred to in Article 76 (1) In the case of a construction disaster, the investigation of the cause and the circumstances of the construction disaster may be taken into consideration.

Article 78. [ Preparing expert reports] 1. Upon completion of the work of the commission, the competent authority shall immediately issue a decision specifying the scope and the deadline for the execution of the necessary works in order to arrange the site of the crash and to secure the building object until the execution of the works of the object to the appropriate state.

2. The body referred to in paragraph 2. 1, may order at the expense of the investor, the owner or the manager of the construction object to draw up the expertise, if it is necessary for the decision or to determine the causes of the crash.

Article 79. [ Taking action necessary to remove the effects of the construction disaster] The investor, owner or manager of the building object after the termination of the proceedings referred to in art. 78, it is required to take immediately the measures necessary to remove the effects of the construction disaster.

Chapter 8

Bodies of architectural and construction administration and construction supervision

Article 80. [ Entities performing the tasks of architectural and construction administration and construction supervision] 1. Tasks of the architectural and construction administration perform, subject to the paragraph. 3 [ 6] and 4, the following authorities:

1) starosta;

2) wojewoda;

3) Chief Inspector of Construction Supervision.

2. The tasks of the construction supervision shall perform, subject to the paragraph. 3 and 4, the following authorities:

1) the district supervisors of the building supervision;

2) voivodship with the help of the provincial supervision supervisor as the head of the provincial supervision of construction, which is part of the complex administration of the voivodship;

3) Chief Inspector of Construction Supervision.

3. (repealed).

4. The architectural and construction administration and construction supervision in the field of mining shall be carried out by the authorities specified in the separate regulations.

Article 81. [ Obligations of architectural and construction administration and building supervision authorities] 1. The basic duties of the bodies of architectural and construction administration and construction supervision shall be:

1) supervision and control over compliance with the provisions of construction law, and in particular:

(a) the compatibility of land use with local land development plans and environmental protection requirements,

(b) conditions for the safety of persons and property in the solutions adopted in the construction projects, for the execution of construction works and the maintenance of construction works,

(c) the compatibility of architectural and construction solutions with technical and construction regulations and technical knowledge principles,

(d) the proper execution of independent technical functions in construction,

(e) use in the execution of works of products in accordance with art. 10;

2) issuing administrative decisions in matters specified by law;

3) (repealed).

2. The provision of the paragraph. 1 point 1 (b), (c) and (e) shall not apply to an experimental building which is carried out in closed research areas.

3. The authorities of the architectural and construction administration and the construction supervision shall control the possession by persons carrying out independent technical functions in the construction of the power to perform these functions.

4. The bodies of the architectural and construction administration and construction supervision in carrying out the duties defined by the regulations of the construction law may perform control activities. In the course of these activities, the protocol is based on the adoption of decisions and other measures provided for under construction law.

Article 81a. [ Control actions for construction sites] 1. The bodies of construction supervision or persons acting under their authority shall have the right of admission:

1) to the building object;

2. per site:

(a) construction,

(b) the establishment,

(c) (repealed).

2. Control activities, relating to the exercise of the powers of the construction supervisors, shall be carried out in the presence of the investor, the head of construction or the works, the head of the establishment or the designated staff member, or the persons authorized by them or in the presence of the owner or the manager of the facility, and in the dwelling, in the presence of a full-year resident and representative of the administration or the building manager.

3. In the case of the control of an entity not an entrepreneur, in the absence of the persons referred to in the paragraph. 2, in justified cases, the control activities may be carried out in the presence of a referred to a full-year witness.

4. Control activities concerning construction works which are either in the management of foreign states or are used by diplomatic and consular representatives of those states or by other persons aligned with them on the basis of laws, agreements or universally established international customs, may be exercised with the consent of such representatives or persons.

Art. 81b. (repealed).

Art. 81c. [ Request for documentation to be made available by the authorities of the architectural and construction administration and construction supervision] 1. The authorities of the architectural and construction administration and construction supervision in the performance of tasks defined by the regulations of the construction law may require the participants of the construction process, the owner or the manager of the building object, the information or supporting documents:

1) related to the carrying out of works, the transfer of a construction object to the use, maintenance and use of the construction object;

2) certifying that the products used in the execution of the works, and in particular construction products, have been placed on the market or made available on the domestic market in accordance with the separate provisions.

2. The authorities of the architectural and construction administration and construction supervision, in the event of the emergence of reasonable doubts as to the quality of construction products or works, as well as the technical condition of the construction object, may impose, on the way provisions, on the persons referred to in paragraph. 1, the obligation to deliver, within a specified time limit, appropriate technical assessments or expert reports. The costs of the evaluations and the expert shall be borne by the person required to deliver them.

3. To the provision referred to in paragraph. 2. The complaint shall be entitled to a complaint.

4. In the event of failure to provide, within the prescribed period, the requested assessments or expert opinions, or in the event of the submission of assessments or expert opinions, which underline the matter which is not the subject of the matter, the body of the architectural and construction administration or supervision the construction may order the execution of those assessments or expert reports or the execution of additional assessments or expert opinions at the expense of the person liable for their delivery.

Article 82. [ The authorities of the architectural and construction administration of the first instance] 1. The properties of the organs of the architectural and construction administration belong to matters specified in the Act and not reserved to the properties of other bodies.

2. The organ of the architectural and construction administration of the first instance, subject to the paragraph. 3 and 4, it's an old age.

3. The Wojewoda shall be an organ of the higher-grade architectural and construction administration in relation to the starost and the body of the first instance in the affairs of the objects and works:

1. situated on the grounds of the technical belt, the ports and the sea-harbour, the marine internal waters, the territorial sea and the exclusive economic zone, as well as in other areas intended for the maintenance of traffic and maritime transport;

2) hydrotechnical piling, grounding, regulatory, basic melioration, and channels and other facilities for the shaping of water resources and the use of them, together with accompanying facilities;

3) public roads of national and voivodships together with facilities and equipment serving to maintain these roads and road transport and the situation at the border of the road network of armaments-unrelated to the use of the road, and in the expressways and motorways, including the facilities and equipment of travellers, vehicles and consignments;

(3a) situated in the railway area;

4) civil aerodromes together with the facilities and accompanying facilities;

5. situated in closed areas;

5a) concerning strategic investments in transmission networks, referred to in the Act of 24 July 2015. about the preparation and implementation of strategic investments in transmission networks (Dz. U. 1265);

6) (repealed).

4. The Council of Ministers may define, by means of a regulation, other than those referred to in paragraph. 3 facilities and works for which the authority of the first instance is wojewoda.

Article 82a. [ Exclusion of provisions of other law] The starosta may not entrust the municipalities, by agreement, with the scope of its property as an authority of the architectural and construction administration. Article Article 5 par. 2 of the Act of 5 June 1998. o the district administration (Dz. U. of 2013 r. items 595 and 645) does not apply.

Article 82b. [ Tasks of the architectural and construction administration] 1. Authorities of the architectural and construction administration:

1. keep a register of applications for building permits and decisions about the construction permit and the register of construction reports referred to in art. 29 par. 1 points 1a, 2b and 19a, and shall transmit to the higher authority the data entered into them;

1a) maintain a separate register of applications for building permits, the decision on the construction permit and the register of construction declarations referred to in art. 29 par. 1 points 1a, 2b and 19a, concerning closed areas;

2. they shall transmit without delay to the construction supervision authorities:

(a) copies of the final decisions on the construction licence together with the approved construction project,

b) copies of final separate decisions about the approval of the construction project together with this project,

(c) copies of other decisions, provisions and declarations resulting from the provisions of construction law;

3. they shall participate, at the request of the building supervisors, in the inspection and inspection activities, and shall make available all documents and information relating to these operations.

2. The register referred to in paragraph 2. 1 point 1, shall be carried out in electronic form. The data shall be entered in the register and shall be sent electronically to the higher authority on an ongoing basis.

3. The register referred to in the paragraph. 1 point 1a, may be carried out by a paper-water-based water-water. In this case, the certified copy of the register shall be transmitted to the higher authority by the fifth day of each month or, if that day is a day off from work, on the first working day after that date.

3a. The following data shall be included in the register of applications for building permits and decisions on the construction permit:

1. as far as applications for building permits are concerned:

(a) the name and address of the architectural and construction administration,

(b) the registration number or numbers of the application,

(c) the date of application and the date of registration of the

(d) the name or name of the investor,

(e) the address of the investor,

(f) information concerning the construction site and the construction design in the scope of: the type and category of the building object, and in the case of the building also its cubias, and the name, type and address of the construction intentional,

(g) the name and the name and number of the construction authority of the designer drawing up the construction project, which has been attached to the application,

(h) information on:

-call on the investor to remedy the deficiencies on the basis of art. 64 § 2 of the Code of Administrative Procedure in the scope of: the date of dispatch of the call, the date of completion of the deficiencies, and the number of days connected with the addition

-the withdrawal of the application by the investor and the date of its withdrawal,

-transmission of the application in accordance with the jurisdiction,

-leaving the application without recognition,

(i) other comments from the Authority

2. with regard to the decision to permit the construction of:

(a) the name and address of the architectural and construction administration issuing the decision,

(b) the registration number or numbers of the application,

(c) the date of application and the date of registration of the

(d) information on the call for an investor to:

-to supplement the deficiencies on the basis of art. 64 § 2 of the Code of Administrative Procedure and the date of completion of deficiencies,

-to supplement the deficiencies on the basis of art. 35 par. 3 to the extent of: the date of dispatch of the order, the date of completion of the deficiencies and the number of days associated with the deficiency

(e) the number or number of the registration of the decision,

(f) date of the decision,

(g) information on the decision as contained in the decision,

(h) information relating to the suspension of proceedings for the issue of a construction permit in respect of: the date of suspension of the proceedings, the date of the proceedings and the number of days of the suspension

(i) information on:

-arrangements with the provincial conservator of monuments in the scope of: dates of sending the documents to the conservator, the date of receipt of the arrangements and the number of days of the agreement

-other reasons for extending the time limit for issuing a decision on: reasons for extending the time limit and the number of days in which the extension is to be granted,

-exceeding the time limit for issuing the decision in respect of the number of days in which the proceedings are conducted, the number of days leading to the procedure after deduction of the circumstances referred to in the Article. 35 par. 8 and the number of days indicating that the time limit referred to in Article 1 is exceeded. 35 par. 6,

(j) other comments.

4. (repealed).

4a. In the register of construction declarations referred to in art. 29 par. In points 1a, 2b and 19a, the following data shall be inserted:

1) the name and address of the authority of the architectural and construction administration;

2. number or registration numbers of the declaration;

3) the date of the impact of the notification and the date of registration

4) the name or name of the investor;

5) the address of the investor's residence or establishment;

6) information concerning the construction object and the construction design in the scope of: type and category of the construction object, and in the case of the building also its cubature, and the name, type and address of the construction intentional;

7) the name and the number of the building authority of the designer developing the construction project, which has been attached to the notification;

8. information on:

(a) the call for an investor to remedy the deficiencies under Article 30 par. 5c in respect of the date of dispatch of the decision and the date of the deficiency,

(b) the withdrawal of the declaration by the investor and the date of withdrawal,

(c) the transfer of the declaration as indicated,

(d) leaving the notification without recognition;

9. the date on which the notification of notification in the Public Information Bulletin was published;

10. information in respect of the decision to raise objections:

(a) the number or number of the registration of the decision,

(b) date of decision,

(c) the date on which the decision was made or entered into the system, as provided for 30 par. 6a;

(11) information on non-dismisssion;

12) other comments.

5. (repealed).

6. Registers of applications for building permits and decisions about the construction permit and a register of construction declarations referred to in art. 29 par. Points 1a, 2b and 19a, shall be carried out in such a way as to make it impossible to change the entries made.

7. The data referred to in paragraph 3a and 4a shall be open and published on the subject-matter of the Public Information Bulletin of the Office of the Chief Inspector of Construction Supervision, with the exception of the data referred to in paragraph 1. 3a point 1 (a) e and a lit. and in point 2 (a) and third indent and point (s). (j) Paragraphs 5 and 12, and the data contained in the registers referred to in paragraph 4 (a). 1 point 1a.

8. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the means of keeping the register of applications for building permits and the decision on the construction permit, and the register of declarations concerning the construction referred to in Article 29 par. 1 points 1a, 2b and 19a, taking into account the data and information to be entered in the register.

Article 83. [ Properties of the district supervisors of the building supervision] 1. The property of the district supervisor of the construction supervision, as the authority of the first instance, shall include the tasks and competences referred to in art. 37 par. 3, art. 40 par. 2, art. 41 par. 4, art. 48-51, art. 54, art. 55, art. 57 (1) 4, 7 and 8, art. 59, Art. 59a, art. 59c (c) 1, art. 59d (d) 1, art. 59g ust. 1, art. 62 ust. 1 point 3 and paragraph. 3, art. 65, art. 66, art. 67 par. 1 and 3, art. 68, art. 69, art. 70 par. 2, art. 71a, art. 74, art. 75 par. 1 point 3 (a), Art. 76, art. 78 and Art. 97 ust. 1.

2. The senior body in relation to the district supervisor of the construction supervision shall be the provincial supervisor of the construction supervision.

3. The property of the provincial supervisor of the construction supervision as the body of first instance shall be the tasks and competencies specified in the paragraph. 1, in the cases referred to in art. 82 ust. 3 and 4.

Article 83a. (repealed).

Article 84. [ Tasks of Building Supervisors] 1. The tasks of the building supervisors shall be:

1) control of compliance with and application of the provisions of construction law;

2) control of the operation of the authorities of the architectural and construction administration;

3) investigating the causes of the emergence of construction disasters;

4) co-operation with the state control authorities.

2. The bodies of construction supervision shall be obliged to:

1) to send without delay to the authorities of the architectural and construction administration a copy of the decisions and provisions resulting from the provisions of the construction law;

2. keeping records of decisions, provisions and declarations referred to in art. 82b ust. 1 point 2;

3) keeping records of the commended and donated to the use of construction works;

4) keep records of the notifications of the checks referred to in art. 62 ust. 1 point 3.

3. (repealed).

4. (repealed).

5. The Minister responsible for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the design and manner of keeping records of the construction works which are commended and put into service.

6. The residence of the buildings which are commended and put into service should include, in particular, the definition of the registration authority, the personal data or the name of the investor and the other necessary data from the notifications submitted and the information provided by the decision.

Art. 84a. [ Scope of control of compliance with and application of the provisions of building law] 1. Control of compliance with and application of the provisions of construction law includes:

1) control of the conformity of the execution of construction works with the provisions of the construction law, the construction project or the conditions specified in the decision on the construction permit;

2) the verification of possession by persons performing independent technical functions in the construction of the competent authorities to carry out these functions;

3) verification of the products used for the execution of construction works in terms of compliance with art. 10, in particular construction products.

2. The bodies of construction supervision, in control of the application of the provisions of construction law:

1) examine the correctness of the administrative procedure before the authorities of the architectural and construction administration and the decisions and provisions to be issued in its course;

2) check the performance of the duties resulting from the decisions and provisions issued on the basis of the provisions of the construction law.

Article 84b. [ Entities carrying out the control of the activities of the architectural and construction administration bodies] 1. The control of the activities of the authorities of the architectural and construction administration is carried out by the Chief Inspector of the Construction Supervision and the Provincial Inspector of Construction Supervision, who exercises this control in relation to the starost.

2. (repealed).

3. In the case of a finding by the construction supervisory authorities that there are circumstances justifying the resumption of proceedings or the annulment of a decision issued by the architectural and construction administration body, the competent administration body the architectural-building resumes or initiates from the office of proceedings.

4. The audit of the activities of the organs of the architectural and construction administration and the building supervision authorities shall be carried out on the principles and in the mode specified in the control regulations in the government administration.

Article 85. [ Co-operation of bodies in the field of control activities] The cooperation of the building supervisory authorities with the authorities of the architectural and construction administration and the state control authorities shall include in particular:

1. reconciliation of control plans and conducting joint control activities as necessary;

2. the transmission and exchange of information on the results of the checks.

Article 85a. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of Chapter 5 of the Act of 2 July 2004 shall apply to the control of economic activities of the trader. about the freedom of economic activity (Dz. U. z 2013 pos. 672, of late. zm.).

Article 86. [ Appointment of the district supervisor of the building supervision] 1. The district supervisor of the construction supervision shall be appointed by the starosti from among at least three candidates designated by the provincial supervision inspector. If the starosta does not appoint a district supervisor of the construction supervision within 30 days from the day of the presentation of the candidates, the provincial supervisor of the construction supervision shall indicate among them the candidate whose head he appoints for the district post the Inspector of Construction Supervision.

2. The Starosta cancels the district supervisor of the building supervision:

1) in agreement with the provincial supervisor of construction supervision, or

2) at the request of the provincial supervisor of the construction supervision.

3. The district supervisor of the construction supervision shall carry out its tasks with the assistance of the district inspectorate of the construction supervision.

3a. In justified cases the scope of operation of the district supervisor of a construction supervision may cover more than one district.

3b. The Wojewoda, at the request of the appropriate starostów, may extend the scope of operation of the district supervisor of the construction supervision on more than one district.

4. The internal organization and detailed scope of tasks of the district inspectorate of the construction supervision shall be determined by the district supervisor of the construction supervision in the organization's rules of procedure.

Article 87. [ Appointment of the Provincial Inspector of Construction Supervision] 1. The provincial supervisor of the construction supervision shall establish and refer to the wojewoda, with the consent of the Chief Inspector of Construction Supervision.

2. (repealed).

3. The Provincial Inspectorate of Construction Supervision performs its tasks with the assistance of the Provincial Inspectorate of Construction Supervision.

4. The organization of the provincial inspectorate of construction supervision shall determine the rules of procedure established by the voivodship inspector of construction and approved by the voivodship.

Article 88. [ Requirements for the position of the Chief Superintendent of Building Supervision] 1. The Main Inspectorate of Construction Supervision is the central authority of the government administration in matters of architectural and construction administration and construction supervision.

2. The Main Inspector of Construction Supervision shall be the competent authority in individual cases, settled by administrative procedure, in the scope of the provisions resulting from the provisions of the construction law.

3. The Chief Inspector of the Construction Supervision shall be appointed by the Prime Minister, from among persons selected by an open and competitive recruitment, at the request of the Minister responsible for Construction, local planning and development of the spatial and housing sector. The President of the Council of Ministers refers to the Chief Inspector of Construction Supervision.

3a. The position of the Chief Inspector of Construction Supervision may occupy a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) has at least 6-year-old seniority, including at least 3-year-old seniority in the managerial position;

7) has an education and knowledge of the matters belonging to the properties of the Chief Inspector of Construction Supervision.

3b. Information on the position of the Chief Inspector of Construction Supervisors shall be announced by placing the notice in a place which is widely available at the premises of the public office and in the Public Information Bulletin and the Public Information Bulletin. The Chancellery of the Prime Minister. The notice shall include:

1. the name and address of the office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

3c. The term referred to in paragraph 1. 3b, paragraph 6, shall not be less than 10 days from the date of publication of the notice in the Public Information Bulletin of the Chancellery of the Prime Minister.

3d. The recruitment for the position of the Chief Inspector of Construction Supervision shall be carried out by the team, appointed by the Minister responsible for the construction, local planning and development of spatial planning and housing, with at least 3 persons, whom knowledge and experience provide a guarantee of the selection of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

3e. Assessment of the knowledge and managerial competence referred to in paragraph. 3d, may be made on the order of the team by a non-member of the team, who has the appropriate qualifications to make this assessment.

3f. Member of the team and the person referred to in paragraph. 3e, they have the obligation to keep in secret the information concerning applicants for the post obtained during the recruitment process.

3g. In the course of the selection, the team will emerge no more than 3 candidates, which are presented by the Minister for Construction, Local Planning and Planning, and Housing.

3h. The team shall draw up a protocol from the selection which shall include:

1. the name and address of the office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

3i. The result of the recruitment shall be announced immediately by the publication of the information in the Public Information Bulletin and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:

1. the name and address of the office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

3j. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of recruitment and of the result of this recruitment is free of charge.

4. (repealed).

5. (repealed).

6. (repealed).

7. (repealed).

8. (repealed).

9. The Deputy Chief Superintendent of Construction Supervision shall be appointed by the Minister responsible for the construction, local planning and zoning and housing, from among persons selected in an open and competitive way. recruitment, at the request of the Chief Inspector of Construction Supervision. The Minister for Construction, Local Planning and Planning and Housing Refers to the Deputy Chief Superintendent of Construction Supervision.

10. The team carrying out the recruitment for the posts referred to in paragraph. 9, appoints the Chief Inspector of Construction Supervision.

11. To conduct recruitment for the posts referred to in paragraph 1. 9, the paragraph shall apply mutatis mutandis. 3a-3j.

Art. 88a. [ Tasks Of The Chief Inspector Of The Building Supervision] 1. The Main Inspector of the Construction Supervision shall perform the tasks defined by the provisions of the construction law, and in particular:

1) perform the function of a higher level body within the meaning of the Code of Administrative Procedure in relation to the voivodships and provincial inspectors of the construction supervision and supervises their activities;

2) it controls the operation of the authorities of the architectural and construction administration and construction supervision;

3) conducts in the form of electronic central registers:

(a) persons with building powers,

(b) (repealed),

(c) to be punished by professional liability.

2. In the registers referred to in paragraph. 1 point 3, the following data shall be inserted:

1. forenames and surname;

2. address;

3) the PESEL number-in relation to persons holding Polish citizenship, or the number of a passport or other document confirming the identity-in relation to persons who do not hold Polish citizenship;

4) information on education and scientific titles;

5) the number, date and place of the decision;

6) the authority issuing the decision;

7) the legal basis for the decision to issue;

8) number, speciality and scope of construction powers;

9) information about belonging to the competent district chamber of the professional self-government;

10) (repealed);

11) information on the penalty imposed on professional liability in construction-in the register punished by professional liability;

12) office number;

13) the position of the register;

14) the date of entry in the register.

3. The scope of information on the imposed penalty for professional liability in the construction includes data identifying the decision to impose a penalty and the data on the imposed penalty.

4. The scope referred to in the paragraph. 3, includes the following data:

1) the number of the decision on the granting of allowances;

2) the date and place of the decision on the imposition of the penalty;

3) an indication of the body issuing the decision;

4) the legal basis;

5) the function of the participant;

6) the date, place and legal qualification of the committed act;

7) type of punishment;

8) the dates of examinations;

9) the date of expiry of the sentence;

10) the status of the punishment;

11) other remarks concerning the sentence.

5. The data referred to in paragraph 5 shall be made available. 2 points 1, 8 to 11 and in paragraph 1. 4 points 2, 3, 5-7, 9 and 10, and the data of the persons entered in the registers before 1 January 2007. -on their request made in writing.

6. The Minister for Construction, Local Planning and Planning and Housing shall determine, by means of a regulation, the models and the manner in which the registers referred to in paragraph 1 are kept. 1 point 3, and the documents accompanying the application for entry in the registers, constituting the basis for the entry, taking into account the data and information subject to entry in the register.

Art. 88b. [ Organization and scope of tasks of the Main Building Supervision Authority] 1. The General Inspector of the Construction Supervision shall carry out its tasks with the assistance of the Main Building Supervision Authority.

2. The organization of the Main Office of Construction Supervision shall determine the statutes given by the President of the Council of Ministers by means of a regulation.

3. The internal organization and the detailed scope of tasks of the Main Building Supervision Authority shall be determined by the Main Inspector of Construction Supervision in the Organizational Regulations.

Article 89. (repealed).

Art. 89a. [ Properties of architectural and construction administration bodies and construction supervision in the field of mining] The properties of the architectural and construction administration and construction supervision bodies in the field of mining are the cases and related measures defined in the Act, concerning the facilities and works of the mining plants.

Article 89b. [ Obligation of Investor to check the provisions on mining plants] Wojewoda w affairs, o których mowa w art. 82 ust. In the field of mining for the issuing of a building permit, the competent authorities of the architectural and construction administration are required to verify that the investor has an agreement with the agreement referred to in Article 3 (1) (a) of the Regulation. 33 (1) 2 point 4.

Article 89c. [ Adhering to the orders of the starost, the mayor, the mayor and the president of the city] 1. In cases of imminent danger of life or health of people connected with the construction, maintenance or demolition of the building facilities of the starost, the mayor, the mayor and the president of the city may issue to the competent district supervision inspector general command to take action to address this risk. The provisions of Article 4 10 para. 2 of the Act of 18 April 2002. The state of natural disaster (Dz. U. Nr 62, poz. 558, with late. zm.) shall apply mutatis mutandis.

2. The Starosta, the mayor, the mayor and the president of the city bear sole responsibility for the content of the command referred to in the mouth. 1.

3. The command submitted orally requires confirmation in writing.

4. The command shall be carried out without delay. The district supervision inspector shall submit the case without delay to the provincial inspection supervisor if he/she is unable to execute the request or if the order is in breach of the law.

5. The law violating the law is invalid. The water is for annulment of the command.

Chapter 9

Penal provisions

Article 90. [ Liability for carrying out construction works threatening the life or health of people] Who, in the cases referred to in art. 48, art. 49b, art. 50 par. 1 point 1 or art. 50 par. 1 point 2, performs construction works,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 91. [ Responsibility for carrying out construction work without authority] 1. Who:

1) thwart the specific act of the competent authorities,

2) perform a self-contained technical function in the construction, without having the appropriate building powers or the right to perform a stand-alone technical function in construction,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

2. (repealed).

Article 91a. [ Liability for non-maintenance of a construction object in due technical condition] Who does not meet, as defined in Art. 61, the obligation to maintain a construction object in due technical condition, the use of the object in a manner inconsistent with the regulations or does not ensure the safety of the use of the construction object, is subject to a fine of not less than 100 daily rates, punishable the restriction of liberty or imprisonment by the year.

Article 92. [ Liability for failure to comply with the obligation to remove damage resulting from exposure to life or health] 1. Who:

1. in the event of a construction disaster, fails to comply with the obligations laid down in the Art. 75 or Art. 79,

2) does not meet, specified in Art. 70 par. 1, the obligation to remove the damage found or to remedy the deficiencies which may give rise to danger for humans or property or environmental hazard,

3) makes it difficult, certain acts of the competent authorities to be punished, punishable by arrest or punishable by restriction of liberty, or punishable by fines.

2. The same penalty shall be subject to who, despite the application of the means of administrative enforcement:

1) do not apply to the decisions of the competent authorities on the basis of a law;

2) (repealed).

Article 93. [ Liability for failure to comply with provisions for the design or execution of construction works] Who:

1) in the design or execution of the works in a blatant manner does not comply with the provisions of art. 5 par. 1-2b,

(1a) when carrying out the works, the products are used, in breach of the Article. 10,

2) (repealed),

3) carry out demolition of the building object or part thereof, in violation of the provisions of art. 28 or Article 31 par. 2,

4) commence construction or conducts construction works without completing the requirements laid down in the art. 41 par. 4, art. 42, art. 44, art. 45,

5) provide or permit the supply of energy, water, heat or gas, in violation of the provision of art. 41 par. 5,

6. perform construction works in a way which deviates from the arrangements and conditions laid down in the provisions, the construction permit or demolition permit or the construction or demolition notification, or significantly deviating from the approved design,

7) (repealed),

8) [ 7] does not comply with the obligation referred to in Article 62 ust. 1 point 1-4a,

9) does not meet, as defined in Art. 63 par. 1 or Art. 64 par. 1 and 3, the obligations to store documents, related to the construction object or to carry out a book of the construction object,

9a) does not comply with the obligation to send the protocol referred to in Article. 70 par. 2,

9b) changes the use of the construction site or parts thereof without the required notification referred to in art. 71 (1) 2, or in spite of the opposition referred to in Article 2. 71 (1) 3-5,

10) does not provide any information or does not make available the documents referred to in art. 81c (c) 1, requested by the competent authority, related to the execution of the works, the transfer of the building object for use or maintenance,

11) (repealed),

12) [ 8] does not apply to the decision referred to in Article 66 (1) 1a, within the period specified therein,

shall be punishable by

Article 94. [ Application of provisions of the Code of Conduct on Offense Cases] Adjudication of the acts referred to in Article 92 and Art. 93, takes place on the basis of the provisions of the Code of Conduct on Offences.

Chapter 10

Professional liability in construction

Article 95. [ Persons subject to professional responsibility in construction] Professional responsibilities in the construction are subject to persons performing independent technical functions in construction, which:

1) have committed performances or offenses, as defined by law;

2) have been punished in connection with the execution of independent technical functions in construction;

3) caused by blatant errors or negligence, caused the threat of life or human health, safety of property or the environment or significant material damage;

4) do not meet or meet the negligence of their duties;

5) withdraw from the exercise of copyright or carry out the negligence of duties resulting from the exercise of that supervision.

Article 96. [ Penalties for committing acts resulting in professional responsibility in construction] 1. Populating the acts that result in professional responsibility in the construction industry is at risk of the following penalties:

1) an admonition;

2) a reminder, with the simultaneous imposition of the obligation to submit, within the prescribed time limit, the examination referred to in art. 12 (1) 3;

3) prohibit the execution of a stand-alone technical function in the construction, for the period from one year to 5 years, connected with the obligation to submit, within the prescribed period, the examination referred to in art. 12 (1) 3.

2. When imposing a penalty, account should be taken of the existing criminality in the field of professional responsibility in the construction industry.

3. The ban on the execution of a self-contained technical function in the construction shall be made in the event of significant social insecurity of the act.

4. The ban on the execution of a stand-alone technical function in the construction may also be adjudicated on the person who:

(1) despite twice the reminder, the act on the part of the person responsible for the professional responsibility has been recommitted;

2) shall be repealed from the submission of the prescribed examination.

5. The ban on the execution of a manual technical function in the construction shall be determined in years and months. The penalty shall run from the day on which the decision to punish became final.

6. To be punished with the simultaneous imposition of an obligation to take an examination, which, within the prescribed period of the examination did not pass, shall be set a supplementary term, not less than 3 months and not longer than 6 months. In the case of failure to obtain a positive assessment within the additional time limit, the loss of power to perform a stand-alone technical function in the construction shall be established.

Article 97. [ Proceedings on professional liability in construction] 1. The proceedings on the professional responsibility in the construction shall be initiated at the request of the construction supervision authority competent for the place of committing the act or stating the commission of the act, submitted after the proceedings have been carried out -

2. The application referred to in paragraph 2. 1, it should include the determination of the alleged act, the factual and legal justification and the indication of the evidence.

3. The application referred to in paragraph 1. 1, may submit within the scope of its property the body of the professional self-government.

Article 98. [ Judicial authorities in matters of professional responsibility in the construction industry] 1. In matters of professional responsibility in construction, the bodies of professional self-government shall be adjudicating.

2. The property of self-government bodies in matters of professional responsibility in the construction of regulators are regulated by separate regulations.

Article 99. [ The decision to punish] 1. The final decision to punish, in the mode of professional responsibility in the construction, shall be sent to the message:

1) the business unit employing a person punished;

2. the competent association;

3) the authority which issued the penalized authority to perform a self-contained technical function in the construction;

4. The General Inspectorate Of Construction Supervisors.

2. Information on the obligation of professional liability, the decision referred to in paragraph 1 shall be provided for in the case of a professional decision. 1, shall be subject to the entry in the central register of punished.

Article 100. [ Prohibition of opening proceedings for professional liability in construction] Professional liability in construction cannot be initiated after 6 months from the date of the construction supervision by the supervisory authorities of the commission of the committing of the act, which resulted in this responsibility and not later than after the expiry of the 3 years from the date of completion of the construction works or the notification of the completion of the construction or the issuance of a decision on the use of the construction object.

Article 101. [ Sanction] 1. The body which has adjudicated in I an instance of professional responsibility in the construction, at the request of the punished, adjudicates the penalty, if punished:

1) has performed an independent technical function in construction for the period of:

(a) 2 years-in the case of a penalty as referred to in Article 96 (1) 1 point 1,

(b) 3 years-from the submission of the examination-in the case of a penalty referred to in Article 96 (1) 1 point 2,

(c) 5 years-after the restoration of the right to perform a technical function in the construction sector-in the case of a penalty laid down in the Article 96 (1) 1 point 3;

2) in the periods referred to in point 1, he was not refined one of the penalties specified in the art. 96 (1) 1.

2. Information on the sanction of the sentence of the authority referred to in the paragraph. 1, shall send to the attention of the person concerned and to the organisations, associations and bodies referred to in Article 4. 99 par. 1.

3. The payment of the sentence shall be recorded in the central register of punished.

Article 102. (repealed).

Chapter 11

Transitional and final provisions

Article 103. [ Application of provisions of the Act] 1. To cases opened before the entry into force of the Act, and not completed by final decision, the provisions of the Act shall apply, subject to the paragraph. 2.

2. The provision of art. 48 shall not apply to facilities which have been completed before the date of entry into force of the Act or for which administrative proceedings have been initiated before that date. Such facilities shall be subject to the provisions of the previous one.

3. The property of the bodies to deal with the matters referred to in the paragraph. 1, shall be determined on the basis of provisions of the Act.

Article 104. [ Retain of existing permissions] Persons who, prior to the entry into force of the Act, have obtained building powers or a declaration of having a professional preparation for the performance of independent technical functions in the construction, retain the powers to perform these functions in as far as possible.

Article 105. [ Provisions remaining in force] 1. Decisions on admission to universal application in the construction of new building materials, issued before the entry into force of the Act, shall remain in force in the current range.

2. (bypassed).

Article 106. (bypassed).

Article 107. [ Repealed provisions] 1. The Act of 24 October 1974 shall be repealed. -Building law (Dz. U. Nr 38, pos. 229, from 1981. No 12, pos. 57, of 1983. Nr 44, pos. 200 and 201, of 1984 Nr 35, pos. 185 and 186, 1987 No 21, pos. 124, of 1988 Nr 41, pos. 324 and of 1990 Nr 34, pos. 198), subject to Art. 103 (1) 2.

2. (bypassed).

Article 108. [ Entry into force] The Act shall enter into force on 1 January 1995.

¹⁾ This Act implements the provisions of the following directives of the European Union:

(1) Council Directive 92/57/EEC of 24 June 1992 (1). on the implementation of minimum safety and health requirements for temporary or mobile construction sites (eighth individual Directive within the meaning of Article 1 of the EC Directive) 16 ust. (Article 1 of Directive 89 /391/EEC) Urz. EC L 245, 26.08.1992, p. 6; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 2, p. 71);

2) partially Directive 2010 /31/EU of the European Parliament and of the Council of 19 May 2010. on the energy performance of buildings (Dz. Urz. EU L 153, 18.06.2010, p. 13);

3) partially Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009. on the promotion of the use of energy from renewable sources amending and following repealing Directives 2001 /77/EC and 2003 /30/EC (Dz. Urz. EU L 140 of 05.06.2009, p. 16, with late-night zm.).

Annex 1.

Annex to the Act of 7 July 1994.

Categories of construction works	Factor category object (k)	Object Size Ratio (w)
Category I-single-family dwellings	2.0	1.0
Category II-buildings for the agricultural economy, as: production, economic, livestock-building	1.0	1.0
Category III-other small buildings, such as: holiday homes, farm buildings, garages for up to and including two posts	1.0	1.0
Category IV-elements of public roads and rail roads, as: junctions and knots, inks, driveways, crossings, platforms, ramps	5.0	1.0
Category V-sports and recreation facilities, such as: stadiums, amphitheatre, ski lifts and ski lifts, cable cableways, outdoor pools, slides	10.0	1.0
Category VI-cemeteries	8.0	1.0
Category VII-water-navigation facilities, such as: dalby, cumin islets	7.0	1.0
Category VIII-other structures	5.0	1.0
		Object Size Ratio (w) (cubature in m 3 )
		≤ 2 500	> 2 500-5 000	> 5 000-10 000	> 10 000
Category IX-buildings of culture, science and education, as: theatres, operas, cinemas, museums, art galleries, libraries, archives, cultural houses, school and nursery buildings, crèches, children's clubs, internships, bursa and student houses, laboratories and establishments Research, meteorological and hydrological stations, observatories, zoos and botanical gardens	4.0	1.0	1.5	2.0	2.5
Category X-buildings of religious worship, such as: churches, chapels, monasteries, churches, churches, synagogues, mosques and funeral houses, crematoria	6.0	1.0	1.5	2.0	2.5
Category XI-buildings of health, social and social services, as: hospitals, sanatoria, hospices, clinics, counselling, blood donation stations, veterinary medicinal products, homes for assistance and social welfare, children's homes, rencise houses, shelters for homeless and working-class hotels	4.0	1.0	1.5	2.0	2.5
Category XII-public administration buildings, the buildings of the Sejm, the Senate, the Chancellery of the President, ministries and central offices, the field administration of government and local government, courts and tribunates, prisons and correctional houses, establishments for minors, criminal detention facilities, investigative arrests and construction works of the Armed Forces	5.0	1.0	1.5	2.0	2.5
Category XIII-other dwellings	4.0	1.0	1.5	2.0	2.5
Category XIV-tourist and recreation accommodation, as: hotels, motels, guest houses, holiday homes, tourist hostels	15.0	1.0	1.5	2.0	2.5
Category XV-sports and recreation buildings, as: sports and entertainment halls, indoor swimming pools	9.0	1.0	1.5	2.0	2.5
Category XVI-office and conference buildings	12.0	1.0	1.5	2.0	2.5
Category XVII-buildings of trade, catering and services, as: shops, shopping centres, department stores, trade fairs, restaurants, bars, casinos, discos, handicraft workshops, vehicle service stations, car wash, garages above two positions, manor buildings	15.0	1.0	1.5	2.0	2.5
Category XVIII-industrial buildings, such as: production buildings, energy buildings, assembly plants, factories, slaughterhouses and storage facilities, as: building blocks, refrigerators, hangars, hangars, as well as railway buildings, as: attibutes, traction substations, Locomotives, wagons, traffic guards, railway rolling stock	10.0	1.0	1.5	2.0	2.5
Category XIX-industrial tanks, as: silos, elewatts, bunkers for storage of fuels and gases and other chemical products	10.0	1.0	1.5	2.0	2.5
		Object Size Ratio (w) (area in m 2 )
		≤ 1 000	> 1 000-5 000	> 5 000-10 000	> 10 000
Category XX-service stations	15.0	1.0	1.5	2.0	2.5
Category XXI-facilities related to water transport, as: ports, admissions, artificial islands, swimming pools, docks, falcones, berths, moles, pirsy, bridges, slipways	10.0	1.0	1.5	2.0	2.5
Category XXII-building blocks, parking spaces, landfills, parking lots	8.0	1.0	1.5	2.0	2.5
		Object Size Ratio (w) (area in ha)
		≤ 1	> 1-10	> 10-20	> 20
Category XXIII-airport facilities such as: runways, taxiways, airfield plates, parking and manoeuvring areas, airstrips	10.0	1.0	1.5	2.0	2.5
Category XXIV-water management facilities as: water reservoirs and overlevel, fishponds	9.0	1.0	1.5	2.0	2.5
		Object Size Ratio (w) (length in km)
		≤ 1	> 1-10	> 10-20	> 20
Category of XXV-roads and rail roads	1.0	1.0	1.5	2.0	2.5
Category XXVI-networks, such as electricity, telecommunication, gas, heating, water supply, sewerage, and transmission pipelines	8.0	1.0	1.5	2.0	2.5
		Object Size Ratio (w) (length in m)
		≤ 20	> 20-100	> 100-500	> 500
Category XXVII-built-up hydrotechnical structures, discounts and regulators such as: dams, thresholds and feet, eggs, flood gates, shaft locks, siphons, flood-floats, canals, navigable locks, edge bands and horse mackerels, ditches meliorative	9.0	1.0	1.5	2.0	2.5
Category XXVIII-road and railway bridge structures such as: bridges, escapades, footbridges, underground passages, viaducts, penetrts, tunnels	5.0	1.0	1.5	2.0	2.5
		Object Size Ratio (w) (height in m)
		≤ 20	> 20-50	> 50-100	> 100
Category XXIX-slow standing chimneys and maszta	10.0	1.0	1.5	2.0	2.5
		Object Size Ratio (w) (efficiency in m 3 /h)
		≤ 50	> 50-100	> 100-500	> 500
Category XXX-facilities for the use of water resources such as: sewage and inland waterways, water and wastewater discharges, pumping stations, zone stations, water treatment stations, sewage treatment plants	8.0	1.0	1.5	2.0	2.5

[ 1] Article 62 (1) 1 point 4a added by art. 2 point 1 (c) a) of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.

[ 2] Article 62 (1) 2a added by art. 2 point 1 (c) b) of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.

[ 3] Article 66 (1) 1a added by art. 2 point 2 of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.

[ 4] Article 69 (1) 1 in the wording set by Article 1. 2 point 3 of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.

[ 5] Article 70 (1) 1 in the wording set by Article 1. 2 point 4 of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.

[ 6] Repealed by Art. 15 point 1 of the Act of 21 December 2001. amending the Act on the Organization and Working Mode of the Council of Ministers and on the scope of the action of ministers, set about the departments of government administration and the change of some laws (Dz. U. No. 154, pos. 1800), which entered into force on 1 January 2002.

[ 7] Article 93 (8), in the version set by the Article. 2 point 5 (a) a) of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.

[ 8] Article 93, point (12) added by the Article 2 point 5 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Penal Code, Law-Building Law and the Act-Code of Conduct on Offences (Journal of Laws of the Act of Law) (Journal of Laws 1549). The amendment came into force on 7 January 2016.