National Contact Point for Renewable Energy Sources

The basic purpose of the decision is to verify if the erected renewable installation has been completed in accordance with the basic design and if it is fit for use. This entails a mandatory inspection of the project after the end of the construction process.

An operational notification is required after the construction works covered by the construction permit end but before the operation of the renewable installation.

An operational notification is still required even if the investor intends to commence the operation of only a part of the project covered by the construction permit.

An investor who should obtain an operational notification for a facility is required to report the completion of the renewable installation construction process and the intention to commence the operation of renewable installation to the construction authority and, as required by specific legislation, to the local:

• State Sanitary Inspectorate (Państwowa Inspekcja Sanitarna) and;
• State Fire Service (Państwowa Straż Pożarna).

The authorities determine if the building structure has been erected in accordance with the construction design. The authorities should issue opinions within 14 days of receiving the notification and if they fail to do so, they are deemed to have no objections.

Once the application is filed, the construction supervision authority is required to inspect the construction site compliance with the determinants and conditions specified in the prior construction permit and conformity with the construction design. The inspection precedes the grant of an operational notification.

The construction supervision authority conducts a mandatory inspection before the expiry of 21 days following the delivery of the notice. The authority notifies the investor about the mandatory inspection within 7 days following the delivery of the notice. Importantly the investor is required to participate in the mandatory inspection at the set time.

The inspection includes checking:

• the compliance of the building structure with the plot or land development design;
• the compliance of the building structure with the architectural and building design and the technical design in terms of:

a)    the characteristic technical parameters as regards the footprint area, height, length, width,
b)    the workmanship of the visible load-bearing elements of the building structural system,
c)    the workmanship of construction works,
d)    the workmanship of the systems ensuring the use of the building structure as intended;

• compliance with the conditions specified in Article 55(1b) of the Construction Law if the operation of the building structure is to commence before the completion of all construction works;
• the construction products particularly important for structural safety and fire safety;
• if the construction permit provides for an obligation to demolish any existing building structures not expected to be- Nuthatch any more or any temporary building structures – compliance with this obligation, provided that the time limit for the demolition specified in the permit has expired;
• if the construction site has been cleaned up.

After the mandatory inspection the construction authority prepares a report in three copies. One copy is delivered to the investor promptly after the inspection, the second one is delivered to a higher-level authority and the third one is retained by the construction supervision authority.

If the inspection result is positive the authority issues an operational notification for the renewable installation. In the wind farm operational notification, the construction supervision authority may determine the conditions of using the plant or may make the operation of the plant contingent upon the completion of specific construction works within a specified time limit.

Up to 1 month,
particularly complex cases – up to 2 months from process initiation.

In practice, it can take longer because this does not account for the legal time limits for obtaining approvals or opinions or for any process suspension periods. Furthermore, the decision may be delayed for other reasons, for example for reasons attributable to the party or reasons beyond the control of the authority, such as the need to supplement the documentation.

An operational notification for a wind farm, biogas plant, biomethane plant, biomass and bioliquids plant, hydropower plant, and geothermal plant is issued by the County Construction Supervision Inspector (Powiatowy Inspektor Nadzoru Budowlanego).

 The notification is open-ended.

The stamp duty for an operational notification is in principle PLN 38.75 (the actual amount depends on the facility) 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.

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). Subsequent remedies available to the investor include a complaint to the Provincial Administrative Court and, as the next step, to the Supreme Administrative Court.

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