Notification on Completion of Construction Works
Purpose of the notification
The purpose of the notification is to commence the operation of the installation after the construction works are completed for projects were no construction permit is required.
When is the notification required?
The notification on the completion of construction works replaces an operational notification. The notification should precede the commencement of installation.
Elements of the notification
The notification on the completion of construction works should contain the following elements:
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details of the investor, including a correspondence address;
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identification of the construction supervision authority;
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identification of the construction permit decision underlying the implementation of the project;
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identification of the real property where the facility is located;
Furthermore, the investor must attach the following with the notification:
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original construction daily log or, if the log is digital, the number of the log;
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the technical design;
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a statement of the construction manager that the building structure complies with the construction design or the conditions of the construction permit and with the applicable laws and that the construction site has been brought to a proper condition and cleaned up; where appropriate the same applies to roads, streets, adjacent properties, buildings or premises;
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a statement that appropriate land management of adjacent areas has been secured wherever the operation of the facility depends on appropriate management of such areas;
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reports concluding the inspections and checks of: the connections, systems and technical devices guaranteeing the use of the structure as intended; the reports must be prepared by individuals having construction qualifications in the required specialities, including those referred to in Article 14 of the Supervision Act;
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decision permitting the operation of a technical device (where required);
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surveyor documentation with results of the as-built site survey;
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confirmation, in accordance with separate regulations, of the acceptance of the completed connections;
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certificate of the commune administrator or mayor confirming compliance with the requirement to implement a supplementary project (where required);
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copies of the drawings forming a part of the approved design, including the changes made and, where appropriate, a supplementary description of the changes where the changes do not significantly deviate from the approved design;
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authorisation to represent the investor (if the application is submitted by an authorised representative) along with a receipt for the stamp duty for the authorisation.
The process
The authority reviews the application for formal matters and checks if the facility was built in accordance with the construction permit.
The authority may object to the notification on completion of construction works especially if the authority establishes that the building structure covered by the investor’s notification was built in violation of the conditions defined in the construction permit and, as a consequence, an operational notification is required.
Before the 14-day time limit for the objection expires, the construction supervision authority may, ex officio, issue a statement that there are no grounds for an objection. With the statement, the authority waives the right to object and the investor may start to operate the facility covered by the notification.
Duration of the process
The operation of an installation can start 14 days after the date of the notification If the authority does not raise an objection within this period, or within 14 days if the construction supervision authority issues a certificate stating that there are no grounds for raising an objection.
Authority competent for the notification
The authority issuing the decision is the County Construction Supervision Inspectorate (Polish: Powiatowy Inspektorat Nadzoru Budowlanego).
What is the fee for the issuance?
The notification is exempt from a stamp duty.
The stamp duty for an authorisation 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 Provincial Construction Supervision Inspectorate (Wojewódzki Inspektorat Nadzoru Budowlanego). Appeals should be reviewed within 60 days of their delivery. Subsequent remedies available to the investor include a complaint to the Provincial Administrative Court and, as the next step, to the Supreme Administrative Court.
Can the application be filed online?
The notification can be submitted online to the public administration body having jurisdiction over the matter on the e-Budownictwo website.