Construction permit

Construction permit is the element of the investment process which is the starting point for the construction of an installation. Without this permit, an investor cannot commence construction works or, subsequently, operate the installation.

Purpose of the construction permit

A construction permit verifies if the planned project complies with the law and respects the interests of the parties whose rights it is not allowed to violate. From the investor’s perspective, the main purpose of obtaining a construction permit is to start the construction works to build an installation. A construction permit defines the rights and responsibilities of the investor related to project implementation.

Worth knowing: According to Article 3(7) of the Construction Law, construction works are understood as activities involving the reconstruction, assembly, renovation, or demolition of a building structure.

When is the construction permit required?

Photovoltaics

Considering the typical course of the investment and construction process, the investor seeks the construction permit after first securing:

the environmental decision (unless it is not required due to the size of the installation);
the Decision on Land Development Conditions (unless a Local Spatial Development Plan applies);
a decision permitting exclusion from agricultural production, in the case of properties including:

a) agricultural land created from mineral or organic soils classified as classes I, II, III, IIIa, IIIb,

b) agricultural land of classes IV, IVa, IVb, V, and VI created from organic soils,

c) other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land.

the electricity grid connection conditions.

In the case of photovoltaic power plants, a construction permit is required for all facility types, except for systems up to 150 kW.

The electricity link that is the cable line connecting the photovoltaic power plant with the grid connection point is usually built based on pre-construction notification, which replaces a construction permit in the case of simpler construction projects.

Onshore Wind Installations

Considering the typical course of the investment and construction process, the investor seeks the construction permit after first receiving:

verification of the feasibility of developing a wind power plant based on the Local Spatial Development Plan;
the environmental decision (where applicable);
a decision permitting the exclusion of land from agricultural production, in the case of properties including:

a) agricultural land formed from mineral and organic soils classified as classes I, II, III, IIIa, IIIb;

b) agricultural land of classes IV, IVa, IVb, V, and VI formed from organic soils;

c) other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land

the electricity grid connection conditions.

The electricity link that is the cable line connecting the wind power plant with the grid connection point is usually built based on pre-construction notification (Article 29 of the Construction Law), which replaces a construction permit in the case of simpler construction projects.

Offshore Wind Installations

A construction permit for an offshore wind farm or a system for power evacuation from the offshore wind farm is necessary after:

the PSZW is obtained;
the environmental decision is obtained;
the decision approving the design of geological works and the approval of geological documentation are obtained;
the PUUK and UUUK is obtained (this applies to a set of equipment for power evacuation) may be replaced by a location decision issued pursuant to the Act on Preparing and Implementing Strategic Transmission Grids;
the minister in charge of energy grants their approval (for construction of an electricity transmission line;
the electricity grid connection conditions are obtained.

Biogas and Biomethane

Considering the typical course of the investment and construction process, the investor obtains the construction permit decision after first securing:

the environmental decision, where applicable;
the Decision on Land Development Conditions (unless a Local Spatial Development Plan applies);
A decision authorizing the exclusion from agricultural production, in the case of properties including:

a) agricultural land created from mineral and organic soils classified as classes I, II, III, IIIa, IIIb,

b) agricultural land of classes IV, IVa, IVb, V and VI created from organic soils,

c) other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land.

Biomass and Bioliquids

Considering the typical course of the investment and construction process, the investor obtains the construction permit decision after first securing:

the environmental decision, where applicable;
the Decision on Land Development Conditions (unless a Local Spatial Development Plan applies);
the decision authorizing exclusion from agricultural production is required in the case of properties comprising:

a) agricultural land formed from mineral and organic soils classified as classes I, II, III, IIIa, IIIb;

b) agricultural land of classes IV, IVa, IVb, V, and VI formed from organic soils;

c) other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land.

electricity grid connection conditions or heating grid connection conditions.

Hydropower

Considering the typical course of the investment and construction process, the investor seeks the construction permit after first securing:

the environmental decision, where applicable;
the Decision on Land Development Conditions (unless a Local Spatial Development Plan applies);
a decision permitting exclusion from agricultural production for properties comprising:

a) agricultural land formed from mineral and organic soils classified as classes I, II, III, IIIa, IIIb;

b) agricultural land of classes IV, IVa, IVb, V, VI formed from organic soils;

c) other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land;

the electricity grid connection conditions.

For hydropower plants, a construction permit is required for all system types.

A notification is allowed for water impounding and discharging structures with a retention height below 1 m outside inland waterways and outside national parks, nature reserves, landscape parks and their buffer zones.

The electricity link that is the cable line connecting the hydropower plant with the grid connection point is usually built based on pre-construction notification which replaces a construction permit in the case of simpler construction projects.

Geothermal

Obtaining a construction permit is required after securing an environmental decision, confirming the compliance of the investment with the planning act, and obtaining a decision authorizing the exclusion from agricultural production in the case of properties including:

agricultural land created from mineral and organic soils classified as classes I, II, III, IIIa, IIIb;
agricultural land of classes IV, IVa, IVb, V and VI created from organic soils;
other agricultural land indicated by the Agricultural Land Protection Act.

The construction permit precedes the occupancy permit and the concession stage. Obtaining the permit and grid connection conditions may be carried out simultaneously, which can accelerate the investment process.

Electrical Energy Storages

Considering the typical course of the investment and construction process, the investor obtains the construction permit decision after first securing:

the environmental decision (where applicable);
the Decision on Land Development Conditions (unless a Local Spatial Development Plan applies);
a decision authorizing exclusion from agricultural production, in the case of properties compromising:

a) agricultural land formed from mineral and organic soils classified as classes I, II, III, IIIa, IIIb;

b) agricultural land of classes IV, IVa, IVb, V and VI formed from organic soils;

c) other agricultural land indicated by the Act on the Protection of Agricultural and Forest Land;

The electricity link that is the cable line connecting the energy storage with the grid connection point is usually built based on pre-construction notification which replaces a construction permit in the case of simpler construction projects.

Elements of the application for a construction permit

Photovoltaics

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies or in an electronic format);
a declaration on having the right to use the real property for construction purposes.
for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
the Decision on Land Development Conditions, where required under the spatial planning and development laws;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives – the authorisation and a proof of stamp duty payment.

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

d) the traffic system and the arrangement of vegetation, with specification of the characteristic elements, dimensions, ordinates and mutual distances between objects – in relation to the existing and planned buildings in the neighbouring areas,

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

For photovoltaic systems of an installed capacity above 6.5 kW, the design must be consulted with a fire safety expert in terms of compliance with the fire safety requirements.

Onshore Wind Installations

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies or in an electronic format);
a declaration on having the right to use the real property for construction purposes.
for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
an extract and excerpt from the Local Spatial Development Plan;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives – the authorisation and a proof of stamp duty payment;

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

Offshore Wind Installations

The application for a construction permit should include the following elements:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies or in an electronic format);
a declaration on having the right to use the real property for construction purposes (for offshore wind farms, this title is the PSZW);
the PUUK (this applies to a set of equipment for power evacuation);
the UUUK (this applies to a set of equipment for power evacuation);
the visual appendix specifying the anticipated project implementation site and the anticipated project impact area, and especially the map referred to in Article 74(1)(3a) of the EIA Act previously attached to the environmental decision;

The construction project, which constitutes an annex to the application, consists of the following components:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method (where applicable);

d) the traffic system with specification of the characteristic elements, dimensions, ordinates and mutual distances between objects – in relation to the existing and planned buildings in the neighbouring areas,

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts, or copies of the same.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

Biogas and Biomethane

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able to function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies or in an electronic format);
a declaration on having the right to use the real property for construction purposes.
for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
the Decision on Land Development Conditions, where required under the spatial planning and development laws;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives – the authorisation and a proof of stamp duty payment.

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

Biomass and Bioliquids

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able to function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies or in an electronic format);
a declaration on having the right to use the real property for construction purposes.
for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
the Decision on Land Development Conditions, where required under the spatial planning and development laws;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives: the authorisation and the receipt for the stamp duty payment.

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

Hydropower

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies or in an electronic format);
a declaration on having the right to use the real property for construction purposes.
for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
the Decision on Land Development Conditions, where required under the spatial planning and development laws or the decision on location of a public utility project;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives – the authorisation and a proof of stamp duty payment.

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

Geothermal Energy

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

identify the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction , permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format – 3 copies, or in an electronic format);
a declaration on having the right to use the real property for construction purposes;
the Decision on Land Development Conditions, where required under the planning and spatial development legislation, or the decision on location of a public utility project;
for mines and facilities situated in restricted areas and sites referred to in Article 82(3)(1) of the Construction Law, the decision to consult the following planned solutions with the architecture and construction administration body referred to in Article 82(2) of the Construction Law:

a) the skyline and elevations of building structures designed on the site of roads, streets, yards and other public places,

b) the route and technical characteristics of roads, transport connections and utilities taken outside a restricted area, sea ports and sea harbours, as well as the connections of those structures to public utility grids;

for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
in the case of a building where heat is expected to be used for heating purposes or to heat utility water, a statement of an engineer duly qualified in the construction area referred to in Article 14(1)(4)(b) of the Construction Law where the engineer confirms that it is possible to connect the planned building to the existing heating grid in accordance with the terms laid down in Article 7b of the Construction Law; the person submitting the declaration must include the following statement therein: “I am aware of the criminal liability for false statements;” the statement replaces the warning of the authority about the criminal liability for false statements;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives, the authorisation and the receipt for the stamp duty.

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) other design records;

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

Electrical Energy Storages

The mandatory elements of the construction permit application are specified in the Construction Law. They are:

details of the person filing the application and their address;
the request for a construction permit decision for a specific construction project (importantly, the construction law states that for a construction project covering more than one facility, a construction permit may, at the investor’s request, pertain to selected facilities or to a complex of facilities able function on their own in accordance with their intended purpose).

Furthermore, the investor should attach the following:

a plot or land development design and an architectural construction design – along with the opinions, approvals, permits and other documents as required under separate legal acts or copies of the same (in paper format: 3 copies , or in an electronic format);
a declaration on having the right to use the real property for construction purposes;
for construction projects preceded by an environmental decision issued in a process requiring the participation of the public – a visual appendix specifying the anticipated project implementation site and the anticipated project impact area, provided that the submission of this appendix was required by the regulations in effect on the date of applying for the environmental decision, and especially the map referred to in Article 74(1)(3a) of the EIA Act;
the Decision on Land Development Conditions, where required under the spatial planning and development laws;
a proof of payment of the stamp duty for the construction permit application;
for applications filed by authorised representatives – the authorisation and the receipt for the stamp duty.

The crucial appendix to the construction permit application is the construction design. Construction design requirements are laid down in the Construction Law. A construction design must include:

a plot or land development design prepared on an up-to-date map for design purposes or on a copy thereof, presenting:

a) the plot or land boundaries;

b) the location, outline and arrangement of the existing and planned building structures, including the utilities on the plot and any building facilities located outside the building structure;

c) the sewage discharge or treatment method;

e) information about the project impact area;

an architectural and construction design which covers:

a) the spatial arrangement and the architectural form of the existing and planned building structures;

b) the intended use of the building structures;

c) the characteristic technical parameters of the building structures;

d) a geotechnical opinion and the information on how the building structure is attached to the ground;

e) the planned material-related and technical solutions which influence the surroundings, including the environment;

f) ecology characteristics;

a technical design including:

a) the planned structural solutions of the facility along with the results of static strength calculations;

b) the planned necessary technical and material-related solutions;

c) as needed – the geology engineering report or the geotechnical conditions for laying the building foundations;

d) the electrical design for connecting the energy storage facility to the power grid, along with other design documentation.

opinions, approvals, permits and other documents referred to in Article 33(2)(1) of the Construction Law.

Furthermore, the following must be attached to the construction design:

a statement that the design author has the qualifications to hold an independent technical function in the construction industry;
a statement of the engineer that the design was prepared in accordance with the applicable laws and the construction principles.

The process

Once the construction permit application is filed, the authorities make the preliminary determinations and give approvals or seek the opinions of other authorities.

Parties to the construction permit acquisition process: the investor, owners of the real properties (perpetual users of the real properties) or administrators of the real properties within the project impact range.

Duration of the process

A construction permit should be issued within 65 days following the submission of the application (Article 35(6) of the Construction Law). An exception applies to permits issued for photovoltaic installations mounted on a building, where the deadline is 30 days (Article 35(6)(3)(b) of the Building Law Act). If this deadline is not observed, the higher-level authority fines the architectural and construction authority with PLN 500 for every day of delay.

Authority competent for the issuance of the decision

The authority in charge of issuing a construction permit is the county administrator. However, in specific cases defined in Article 82 of the Building Law Act, the competent first-instance authority is the voivode.

Construction permit validity period

The works under a construction permit must commence not later than 3 years following the date when the construction permit decision became final and binding. Any suspension of construction works must not be longer than 3 years. This means that if the construction works do not commence within 3 years after a final construction permit is obtained or if works are suspended for more than 3 years, the construction permit expires.

What is the fee for the issuance of the decision?

The stamp duty for a construction permit is PLN 155 and it must be paid at the submission of the application.

The stamp duty for an authorisation is PLN 17.

The stamp duty for a power of attorney is PLN 17.

How to appeal?

After receiving the decision the applicant has 14 days from the date of delivery of the decision, including delivery by public notice, to appeal against the decision to the local voivode through the county administrator who issued the challenged decision. Subsequent remedies available to the investor include a complaint to the Provincial Administrative Court and to the Supreme Administrative Court.

Can the application be filed online?

The application can be submitted online to the public administration body having jurisdiction over the matter on e-Budownictwo.