By the Act of 4 December 2025 amending the Construction Law and certain other acts (Journal of Laws of 2025, item 1847, hereinafter referred to as the “Act”), the legislator introduced one of the most comprehensive packages of changes to construction law in recent years. The main part of the amendment came into force on 7 January 2026, although some provisions – in particular those concerning civil protection and civil defence – came into force as early as 1 January 2026. The direction of the changes is clear: further simplification of investment procedures, reduction of the scope of administrative regulation, and shifting the focus of control from the pre-construction phase to the construction and operational phases.
In light of the above, particular attention should be paid to solutions that directly affect both the practice of architectural and construction authorities and the situation of public and private investors. First and foremost, the amendment significantly expands the list of construction projects that do not require a building permit. This applies both to works subject to a notification requirement and to those that have been completely exempted from formal administrative procedures. The legislator has included in this regime, amongst other things, specific categories of rainwater or meltwater storage tanks, free-standing electricity storage facilities of limited capacity, domestic protective structures (up to 35 m²),), low retaining structures, outlets to natural watercourses, and free-standing masts of modest height. In the list of projects exempt from a building permit but requiring notification, the provisions concerning, amongst other things, sports fields and courts have been clarified, indicating that these facilities need not serve solely for recreational purposes (in accordance with the current legal framework) but also for the practice of sport (amendment). It seemed that the term ‘recreation’ inherently included the practice of sport; however, case law in this area has developed differently, holding, for example, that tennis courts serve a recreational purpose when built for private use, such as alongside single-family residential properties. In view of this, it was decided to eliminate the resulting ambiguities so that there would be no doubt that such facilities may be constructed not only for individual use. These solutions are part of a consistently pursued deregulation policy and, in practice, shorten the investment preparation process, whilst increasing the investor’s responsibility for the correct classification of the planned works.
An important addition to the above changes is the introduction of new formal requirements at the appeal stage. The amendment, in the newly added Article 10b, explicitly stipulates that an appeal against a decision or a complaint against a ruling must contain specific grounds relating to the content of the decision, specify the scope of the claim, and indicate the evidence supporting that claim. This change is intended to counter the practice of lodging vague appeals which held up proceedings without adding any real substantive value, and consequently led to the prolongation of the investment process.
The legislator has also clarified the relationship between the notification procedure and the provisions on spatial planning and development, explicitly stipulating the obligation to attach a decision on land development and use conditions to the notification in situations where obtaining such a decision is required. This solution eliminates previous interpretative discrepancies and strengthens systemic coherence between the building law regime and planning regulations.
Of particular practical significance – for both investors and architectural and building authorities – are the new regulations concerning civil protection facilities and temporary shelters. In the case of facilities specified in the Act of 5 December 2024 on civil protection and civil defence (Journal of Laws of 2024, item 1907), the developer is required to submit the relevant declaration as early as the stage of applying for a building permit. Before issuing a decision, the administrative authority is required to verify that this declaration has been attached, whilst the construction design for such facilities must take into account new technical and construction requirements relating to civil protection conditions. These regulations clearly reinforce the role of construction law as an instrument for achieving public safety objectives.
The amendment also introduces significant changes regarding building supervision and the regularisation of irregularities. The so-called ‘yellow card’ mechanism (Article 51a of the Act) enables the supervisory authority to instruct the developer to bring the works into compliance with the permit or design, without initiating administrative proceedings and without suspending the works. At the same time, the scope of the simplified regularisation procedure has been extended, allowing its application even in cases of significant deviations from the design, provided that at least ten years have elapsed since the completion of construction. These solutions visibly alter the state’s approach to construction irregularities, emphasising the possibility of rectification rather than sanctioning.
In the area of construction and building use documentation, the legislator has decided to extend the transitional period for documents kept in paper form. Both the construction log and the building logbook may be kept in this form until 31 December 2031. At the same time, the scope of verification of the technical design at the stage of commissioning the building has been limited solely to checking that the designers’ declarations and documents confirming their qualifications are attached (Article 57(1)(4) of the Act), and following completion of the procedure, an obligation to return the technical design to the developer has been introduced.
Particular emphasis should also be placed on the clarification of the provisions concerning the installation of radio communications systems, including mobile phone base stations. The legislator has unequivocally determined that the implementation of this type of project on existing buildings does not constitute construction, but rather the installation of technical equipment. Depending on the height of the installation, this project may be carried out without notification or on the basis of a notification, without the need to obtain a building permit. The amendment is of a clarifying nature and was explicitly aimed at eliminating discrepancies in case law and the practice of authorities, which in the past led to an unjustified tightening of formal requirements.
Transitional provisions also play a significant role, under which the new regulations apply to a range of proceedings initiated but not concluded before 7 January 2026, including proceedings concerning notifications, building permits, significant deviations from the design, or recruitment for the post of district building control inspector. At the same time, the legislator has retained the existing rules regarding appeals lodged before that date.
In summary, the 2026 amendment to the Building Law consistently implements a model of a simplified investment process, strengthening the investor’s position whilst simultaneously increasing the importance of building supervision and responsibility for the proper execution of works. For local authorities, this means the need to adapt their legal practice to the new regulatory philosophy of ‘ ’, whilst for investors it means greater freedom of action, accompanied by an increase in the risks arising from the incorrect classification of construction works.
Author: Patrycja Urbanik
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