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* Takes place simultaneously with another procedure.
Requirement Details
Procedure 1.
Request technical conditions for utility connections: electricity
Time to complete:
21 days
Cost to complete:
PLN 146
Name of Agency:
Electricity Company
Comment:
The company should request the technical conditions for making the necessary utility connections. At this point, the company also starts negotiations on conditions for the supply of these utilities.
Article 34, paragraph 3, subparagraph 3, of the Building Law Act, states the following: “Depending on the needs, the technical project must include the declarations of suppliers about assuring delivery of the energy, water, heat and gas, and sewage connections; and about the possibility of connecting that building to the water mains, sewage, thermal, gas, energy, and telecommunications networks, and land roads.”
This step is necessary to ensure compliance of the building project with regulations of the Building Code. Some suppliers require payment for a declaration assuring the delivery of electric power and stating the conditions of connection to the network. One of the Warsaw electric power suppliers requires PLN 146.4 (or PLN 292.8, depending on technical conditions) pre-payment, which is counted toward future payment for concluding an agreement with the supplier.
A supplier of electricity has 14 days to ensure delivery of power and indicate the conditions of connection to the network. This time line can be 30 days depending on the technical conditions. In any case, this period is defined by the Ministry of Economy and Labor, which defines the conditions of connecting to electric power networks and of operating and exploiting these networks.
Procedure 2.
Request technical conditions for utility connections: waterworks
Time to complete:
21 days
Cost to complete:
PLN 100
Name of Agency:
Warsaw Water Company
Comment:
BuildCo should request the technical conditions for making the necessary utility connections. At this point, the company also starts negotiations on conditions for the supply of these utilities.
The Warsaw water authority requires payment for defining the conditions of a connection to the water network (the payment may be up to PLN 100). The connection conditions are defined within 14 days of the request date, and the declaration is sent by mail after another 14 days.
Procedure 3.
Request technical conditions for utility connections: telecommunications
Time to complete:
15 days
Cost to complete:
no charge
Name of Agency:
Telekomunikacja Polska SA
Comment:
The company should request the technical conditions for making the necessary utility connections. At this point, the company also starts negotiations on conditions for the supply of these utilities. Within approximately 10 days, the telecommunications provider should state whether connecting to a telecommunications network is possible, and under what conditions. Both the declaration and the connection are free of charge.
Procedure 4.
Obtain current geodesic map
Time to complete:
1 day
Cost to complete:
PLN 30
Name of Agency:
City Administration
Comment:
Obtaining a current geodesic map is necessary for preparing a building project. According to the Building Code, a building project should consist of an architectural project; a major planning scheme of the plot; declarations of energy, water and sewage, and other suppliers, if applicable; a declaration by the administrator of the public road about the possibility of connecting the plot to the public road; the results, if applicable, of the geological examinations; and a specification of the geotechnical conditions of the property.
One of these documents, the major planning scheme of the plot, should be prepared by an expert on a copy of the most recent geodetic map. Such a map is collected by the division of the County Office (Starostwo) or, as in Warsaw and some other cities, by the relevant division of the city administration. This map is valid for only about 6 months, which explains the need for it to be constantly updated.
Obtaining an outdated map from the County Office (or the City Office as in the case of Warsaw) is subject to an official fee that varies from PLN 7 up to PLN 30 per page (depending on the map scale).
Procedure 5.
Actualize the geodesic map through a licensed surveyor
Time to complete:
21 days
Cost to complete:
PLN 2,000
Name of Agency:
Licensed Surveyor
Comment:
An actualized up-to-date geodetic map is necessary for the preparation of a building project. The work is generally done through a hired private geodesic survey by licensed experts (who can be outsourced rather than kept as permanent employees). Many architectural firms offer to prepare a complete building project, including all of the elements required by the Building Code. The payment for updating a geodetic map is subject to an agreement between an expert and the investor.
Procedure 6.
Request and obtain description of geotechnical documentation of the land
Time to complete:
21 days
Cost to complete:
PLN 10,000
Name of Agency:
Technical Geological Firm
Comment:
This document describes the soil and water conditions for placing the foundations, is part of the building project, and is done by a technical geological firm.
In practice, this procedure cannot be done internally by BuildCo, because only the specific experts have information about the geodetic conditions of the ground. The payment for obtaining the document describing the soil and water conditions is subject to an agreement between an expert and the investor and depends on the conditions of the plot.
Procedure 7.
Request and obtain project approval from licensed sanitary inspectorate
Time to complete:
14 days
Cost to complete:
PLN 50
Name of Agency:
Governmental Sanitary Inspectorate
Comment:
This procedure is carried out by a private and licensed sanitary expert. Sanitary experts are supervised by a governmental sanitary inspectorate. The fee paid to the expert is not an official one, but is subject to an agreement between the parties. There are no fixed rules that define this cost, but it depends on the time spent on the project approval, among other factors. An expert approves the project by affixing their name stamp and an approval/nonapproval clause to the project. The authority issuing building permits then checks whether these two steps have been completed by the expert.
The sanitary expert issues an adjustment, which is a standard procedure, but if the building may have a negative impact on the environment, the issuance of the building permit must be followed by a special procedure concerning the possible impact on the natural environment, which does not apply in the case considered here.
Procedure 8.
Request and obtain project approval from fire department
Time to complete:
13 days
Cost to complete:
PLN 1,800
Name of Agency:
Fire Department
Comment:
The building project must be reviewed by a licensed fire safety expert. Fire safety experts are supervised by the Commander of the Fire Department and appointed by the Polish General Commandant of the Governmental Fire Department. An expert approves the project by affixing his or her name stamp and an approval/nonapproval clause to the project. The authority issuing building permits then checks whether these two procedures have been completed by the expert. To the application for such an adjustment only the building project must be attached. The adjustment is issued in the form of a written confirmation.
Procedure 9.
Request and obtain project approval from expert of work safety and hygiene
Time to complete:
12 days
Cost to complete:
PLN 1,750
Name of Agency:
Governmental Qualifying Commission
Comment:
The building project must be monitored and approved by a licensed work safety and hygiene expert supervised and commissioned by the governmental Qualifying Commission. An expert approves the project by affixing his or her name stamp and an approval/nonapproval clause to the project. The authority issuing building permits then checks whether these two procedures have been completed by the expert. The fee paid to the expert is not an official one, but is subject to an agreement between the parties. There are no fixed rules that determine this cost, but it depends on the time spent on the project approval, among other factors.
Procedure 10.
Request and obtain project approval from administrator of public roads
Time to complete:
11 days
Cost to complete:
PLN 50
Name of Agency:
Administrator of Public Roads
Comment:
The building project must be adjusted with the administrator of the public road near which the building is to be constructed, and to which the construction site is to be joined. Only the building project must be attached to the application for such an adjustment. The approval is issued in the form of a written confirmation. Building or rebuilding an entrance to the plot requires a permit to locate the driveway. The entrance project should be approved by the administrator of the public road.
The fees in this case are variable and depend on an agreement between the administrator and the investor. The ground used for building the entrance is either determined by the administrator of the public road or the result of an agreement, such as a lease agreement.
Procedure 11.
Request and obtain Building Permit
Time to complete:
180 days
Cost to complete:
PLN 588
Name of Agency:
Municipality (Office of Architectural and Building Administration)
Comment:
Construction work cannot be begin before BuildCo has obtained the building permit. To acquire the building permit, the investor must send the official application form to the appropriate office of architectural and building administration at the municipality.
The following documents should be attached to the application: - Four copies of the building project, with all opinions, adjustments, permits, and other documents required by the particular legal acts. - The investor's formal written statement concerning the right to dispose of the real estate on which the building is to be built. - The decision regarding the conditions of building in the area, as stated within the framework of a binding special layout plan, if such a decision (which is not obligatory) was issued before applying for the building permit.
The opinions, adjustments, and permits mentioned above should be acquired by BuildCo or its attorney. In practice, they are obtained by the architect who prepares the project. 1. The building project should be accompanied by a document certifying that the project designer is registered as a building expert. The decision on the conditions of building in a certain area is obligatory when the area is not covered by a binding special layout plan.
In 2006, the official fees changed slightly due to the adoption of the new Law on Official Payment. As of 2007, these fees amount to PLN 539 for issuance of a building permit (PLN 1 per square meter, but no more than PLN 539) and PLN 47 for approval of the building project. To that is added PLN 2.5 for the cost of wire transfer. Thus, the total cost is about PLN 579.50. In case the application is to be signed and filed by an authorized representative, an authorization should also be attached.
1. The legally allowed time for making an administrative decision granting a building permit is 65 days, but Article 35 Section 3 provides 60 days for resolving difficult cases. Even so, the administration frequently reviews a case for a few months as it can sometimes request (many) new documents and an explanation from the applicant and suspend proceeding with the application until these documents and explanations are delivered.
2. Formally, the time to validate the administrative decision is 14 days from the date it was delivered to the parties. In practice, the investor should expect that other parties, such as neighbors and ecological organizations, to appeal against this decision. Appeal cases may take a few years.
Therefore, making an administrative decision can take from 60 days (legally) to 365 days (in practice), while validation takes from 14 days (legally, and with no trouble arising) to 4 years (in case of appeals). Decisions on the building permit have almost never been made and enforced within the legal time.
As of August 22, 2008 the validity of building permit has been extended from 2 years to 3 years.
Procedure 12.
Notify municipal authority about the beginning of construction and register the building diary
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Municipality
Comment:
BuildCo must notify the authority that issued the building permit of the start of construction work 7 days in advance, providing the relevant authority with information about the building director and supervising inspector.
The following documents must be attached: - Statement of the building director (site manager) regarding completion of the safety and health protection plan, and plans for the management of building works. - Statement of the supervising inspector regarding control assumption. - Certificates confirming the building director's and supervising inspector's professional skills. - Information regarding the safety and hygiene of working conditions on the building site.
The investor must immediately inform the relevant authority of any changes in the data above and register the building log with this authority.
Procedure 13.
Conclude agreement with utility provider: electricity
Time to complete:
14 days
Cost to complete:
PLN 21,566
Name of Agency:
Electricity Company
Comment:
A payment is required to conclude an agreement on a connection to an electric power network. This payment amounts to 25% of the actual cost of connection to the electric power network. The cost for the connection itself depends on the technical conditions of the connection (the connection is only one of the technical conditions; another is whether there is an already existing electricity network). Depending on the technical conditions, the cost may vary from PLN 2,000 to PLN 21,567 (the latter amount was calculated according to the binding scale of charges, as a multiplication of the required power, 140 kilowatts, and defined charge for 1 kilowatt – PLN 126.27 plus 22% value-added tax).
Procedure 14.
Receive inspection of utility provider: electricity
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Electricity Company
Comment:
An on-site inspection is completed to connect the warehouse to the utility.
Procedure 15.
Conclude agreement with utility provider: waterworks
Time to complete:
13 days
Cost to complete:
PLN 250
Name of Agency:
Warsaw Water Company
Comment:
BuildCo incurs the cost of building a connection to a water network. This cost depends on the technical conditions and may amount to approximately PLN 200 to PLN 300. Initiating the flow of water by the supplier does not require any additional payment.
Procedure 16.
Receive inspection of utility provider: waterworks
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Warsaw Water Company
Comment:
Procedure 17.
Conclude agreement with utility provider: telecommunications
Time to complete:
12 days
Cost to complete:
no charge
Name of Agency:
Telekomunikacja Polska S.A. (TPSA)
Comment:
Procedure 18.
Receive inspection of utility provider: telecommunications
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Telekomunikacja Polska S.A. (TPSA)
Comment:
Procedure 19.
Inform the natural environment inspectorate about completion of the building
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Natural Environment Inspectorate
Comment:
BuildCo must obtain a usage permit and inform the local offices of the Natural Environment Inspectorate of building completion and intention to use it. An inspection of the warehouse might be carried out by the relevant agency but is not mandatory. If this agency raises no objections, the silence-means-consent rule applies, and using the building is possible.
Procedure 20.
Receive inspection from the natural environment inspectorate and obtain approval
Time to complete:
14 days
Cost to complete:
PLN 50
Name of Agency:
Natural Environment Inspectorate
Comment:
Although these inspections are not mandatory, industrial buildings, such as warehouses, receive this inspection 99% of the time. Receiving inspection are only the types of buildings and installations listed in the order of the Council of Ministers as possibly influencing the environment. For other types of buildings, the Natural Environment Inspectorate does not usually carry out an inspection. The inspectorate should issue its opinion within 14 days of receiving the investor's notification. If the inspectorate remains silent, it is regarded as having no objections or comments.
Procedure 21.
Inform the governmental sanitary inspectorate about the completion of the building
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Governmental Sanitary Inspectorate
Comment:
The inspectorate should issue its opinion within 14 days of receiving the investor's notification. If the inspectorate remains silent, it is regarded as having no objections or comments.
Procedure 22.
Receive inspection from the governmental sanitary inspectorate and obtain approval
Time to complete:
14 days
Cost to complete:
no charge
Name of Agency:
Governmental Sanitary Inspectorate
Comment:
Procedure 23.
Inform the governmental labor inspectorate about the completion of the building
Time to complete:
1 day
Cost to complete:
PLN 50
Name of Agency:
Governmental Labor Inspectorate
Comment:
The timeline is 14 calendar days. Should the authorities fail to respect this deadline and not come to inspect, BuildCo can file a letter with the authority claiming that approval of the building has been granted, as determined by the silence-means-consent rule.
Procedure 24.
Receive inspection from the governmental labor inspectorate and obtain approval
Time to complete:
14 days
Cost to complete:
no charge
Name of Agency:
Governmental Labor Inspectorate
Comment:
Procedure 25.
Inform the governmental fire department about completion of the building
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Governmental Fire Department (Inspectorate)
Comment:
Procedure 26.
Receive inspection from the governmental fire inspectorate and and obtain approval
Time to complete:
14 days
Cost to complete:
PLN 50
Name of Agency:
Governmental Fire Department (Inspectorate)
Comment:
Procedure 27.
Obtain geodetic post-executive protocol
Time to complete:
3 days
Cost to complete:
PLN 2,000
Name of Agency:
Comment:
When the building is complete, it is necessary to undertake the geodetic post-executive protocol to confirm the real, final layout of the building on the geodetic map.
Procedure 28.
Submit altered map to archives of the Geodetic authority
Time to complete:
1 day
Cost to complete:
no charge
Name of Agency:
Geodetic Authority
Comment:
Procedure 29.
Request and receive occupancy permit
Time to complete:
74 days
Cost to complete:
PLN 135
Name of Agency:
County Building Supervision Inspectorate
Comment:
When the building works are over, BuildCo must inform, in writing, the authority that issued the building permit of its intention to start using the building.
The special exploitation, or occupancy, permit must be obtained before beginning exploitation, or occupancy. If such a requirement is mentioned in the building permit text, BuildCo must submit an application for an occupancy permit. In many cases, this permit must be preceded by the obligatory post-executive control inspection carried out by the authority that issued the building permit. The application should be filed with the County Building Supervision Inspectorate. The maximum payment for an occupancy permit amounts to 135 PLN.
The following documents must be attached to the application: 1. Original copy of the building diary (register). 2. Building director's written statement, indicating that the building was completed in total compliance with the project, building permit, and law regulations, and that the building site and its neighborhood have been cleared of construction debris. 3. Expert’s reports and protocols of required tests and controls. 4. Geodetic post-executive protocol. 5. Investor's written statement of lack of objections from the authorities. 6. Confirmation of completion of the building connection to utility networks.
By law, the decisions must be made in 30 days for simple cases and in 60 days for complicated ones.
Procedure 30.
Receive final inspections – post-executive control
Time to complete:
21 days
Cost to complete:
no charge
Name of Agency:
County Building Supervision Inspectorate
Comment:
The post-executive control, or post-construction review of the site, is carried out by the County Building Supervision Inspectorate.
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