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Ease of Doing Business in

Poland

Poland Download Profile (1765KB, pdf)
Region OECD high income
Income Category High income
Population 37,999,494
GNI Per Capita (US$) 13,370
City covered Warsaw

190

1

DB 2017 Rank

1

100

DB 2017 DTF (% points)

  • local_library
  • group
Topics DB 2017 Rank DB 2016 Rank info_outline Change in Rank DB 2017 DTF (% points) info_outline DB 2016 DTF (% points) info_outline Change in DTF (% points) info_outline
Overall 24 25 up
1
77.81 77.04 down
0.77
Starting a Business 107 102 down
5
84.22 84.18 up
0.04
Dealing with Construction Permits 46 52 up
6
75.15 74.24 up
0.91
Getting Electricity 46 48 up
2
81.35 80.15 up
1.20
Registering Property 38 36 down
2
76.49 76.90 down
0.41
Getting Credit 20 19 down
1
75.00 75.00
-
Protecting Minority Investors 42 40 down
2
63.33 63.33
-
Paying Taxes 47 44 down
3
82.73 82.77 down
0.04
Trading across Borders 1 1
-
100.00 100.00
-
Enforcing Contracts 55 56 up
1
63.44 63.44
-
Resolving Insolvency 27 33 up
6
76.37 70.43 up
5.94

Positive= Doing Business reform making it easier to do business.Negative= Change making it more difficult to do business.

DB 2017 Rank:

46

DB 2016 Rank:

52

Change in Rank:

up6

DB 2017 DTF (% points):

75.15

DB 2016 DTF (% points):

74.24

Change in DTF (% points):

up0.91

STANDARDIZED WAREHOUSE
Estimated value of warehouse PLN 2,287,441
City Warsaw
Indicator Poland OECD high income
Procedures (number) info_outline 12 12.1
Time (days) info_outline 153 152.1
Cost (% of warehouse value) info_outline 0.3 1.6
Building quality control index (0-15) info_outline 10 11.3
  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Obtain current geodesic map

    Agency: City Administration

    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 corrected 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. Once obtained, the map need to be updated by a private surveyor or by the and approved by the local administrative office of surveyors (Municipality of Warsaw).

    In practice majority of companies hire a private surveyor who obtains the map from the municipality (or online) and makes the necessary corrections on the outdated map. This will cost around PLN 2000 which includes administrative fees payable to the municipality.

    21 days PLN 2,000
    * 2

    Request and obtain consent from licensed sanitary expert

    Agency: Licensed Sanitary Expert

    The building project must be reviewed by a licensed sanitary expert. An expert approves the project by affixing his or her name stamp and an approval/non approval clause to the project. The authority issuing building permits then checks whether this procedure has been completed by the expert.

    7 days PLN 750
    * 3

    Request and obtain consent from licensed fire safety expert

    Agency: Fire Safety Expert

    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/non-approval clause to the project.

    3 days PLN 1,000
    * 4

    Receive an approval from the Project Documentation Coordination Unit (ZUDP) about the lack of conflicts among utility connections

    Agency: Project Documentation Coordination Unit (ZUDP)

    The Project Documentation Coordination Unit (Zespół Uzgodnień Dokumentacji Projektowej, ZUDP) consists of city officials, representatives of utility companies and representatives of any agency that might manage cables, pipes or other underground material. ZUDP meets once every 3 weeks to analyze the proposed project of connecting to the utilities and check if there is any conflict among the different networks. The obtaining of this approval can be done simultaneously with obtaining other pre-approvals before obtaining the building permit. The building permit cannot be issued without the positive opinion of ZUDP. The investor- or its representatives – are invited to participate when ZUDP meets, but they are not required to be there.

    30 days no charge
    5

    Request and obtain building permit

    Agency: Municipality (Office of Architectural and Building Administration)

    Construction work cannot 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.

    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 539.00 for issuance of a building permit (PLN 1.00 per sq. m., but no more than PLN 539.00) and PLN 47.00 for approval of the building project. PLN 2.50 is added for the cost of wire transfer. Thus, the total cost is about PLN 588.50. In case the application is to be signed and filed by an authorized representative, an authorization should also be attached.

    The legally allowed time for making an administrative decision granting a building permit is 30 days (Administrative Code, General Administrative Regulations, Art. 35.3), but Article 35 Section 6 of the construction law provides 65 days for resolving difficult cases. Even so, the administration frequently reviews a case for a few months as it can sometimes requests many new documents and an explanation from the applicant and can suspend proceeding with the application until these documents and explanations are submitted.

    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, will 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).

    Since February 1, 2013, the Mayor’s office must enter the date of application and the date the permit was delivered. It is electronic and the application can be tracked down.

    65 days PLN 588
    6

    Conclude agreement with utility provider: water and sewage

    Agency: Water and Sewage Municipal Agency for the Capital City of Warsaw S.A.

    BuildCo incurs the cost of building a connection to a water and sewage networks. This cost depends on the technical conditions and may amount to approximately PLN 200.00 to PLN 300.00. Initiating the flow of water by the supplier does not require any additional payment.

    5 days PLN 250
    * 7

    Notify municipal authority about the beginning of construction and register the building diary

    Agency: Municipality

    BuildCo must notify the authority that issued the building permit of the start of construction work 7 days in advance (Article 41.4 of the Construction Law), providing the relevant authority with information about the building director and supervising inspector.

    The following documents must be attached (Article 41.4 of the Construction Law):
    • 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.

    1 day no charge
    8

    Receive inspection from Warsaw Water Company and obtain water and sewage connections

    Agency: Water and Sewage Municipal Agency for the Capital City of Warsaw S.A.

    When the water and sewage connection project is agreed upon, BuildCo may submit a declaration to start the connection works. Within 3 days after such declaration, the Water and Sewage Municipal Agency shall draft the agreement on supervision of connection works which shall be signed by both parties. The Water and Sewage Municipal Agency may conduct a technical inspection of construction works and will connect the warehouse to water and sewage systems on the same day. All works are done by the contractor and the agency will verify that the connection for water is done properly.

    1 day no charge
    9

    Receive inspection from the National Sanitary Inspectorate and obtain approval

    Agency: National Sanitary Inspectorate

    14 days no charge
    10

    Receive inspection from the State Fire Service and obtain approval

    Agency: State Fire Service

    14 days PLN 50
    * 11

    Obtain geodetic post-executive inventory

    Agency: Poviat Geodetic Office

    When the building is complete, it is necessary to undertake the geodetic post-executive inventory to confirm the real, final layout of the building on the geodetic map. The process is completed by a certified geodesist and is reviewed by the Poviat Geodetic Office.

    3 days PLN 2,000
    12

    Request and receive occupancy permit

    Agency: County Building Supervision Inspectorate

    When the building works are over, BuildCo must inform the authority that issued the building permit in writing 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 PLN 135.00.

    The following documents must be attached to the application:
    • Original copy of the building diary (register)
    • 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
    • Expert’s reports and protocols of required tests and controls
    • Geodetic post-executive protocol
    • Investor's written statement of lack of objections from the authorities
    • Confirmation of completion of the building connection to utility networks

    Occupancy permit is usually issued within 2-3 weeks.

    21 days PLN 135

    * Takes place simultaneously with previous procedure.

  • Measure of quality
    Answer Score
    Building quality control index (0-15) 10.0
    Quality of building regulations index (0-2) 1.0
    How accessible are building laws and regulations in your economy? (0-1) Available online; Free of charge. 1.0
    Which requirements for obtaining a building permit are clearly specified in the building regulations or on any accessible website, brochure or pamphlet? (0-1) List of required documents; Fees to be paid. 0.0
    Quality control before construction index (0-1) 1.0
    Which third-party entities are required by law to verify that the building plans are in compliance with existing building regulations? (0-1) Licensed architect; Licensed engineer. 1.0
    Quality control during construction index (0-3) 2.0
    What types of inspections (if any) are required by law to be carried out during construction? (0-2) Inspections by in-house engineer. 1.0
    Do legally mandated inspections occur in practice during construction? (0-1) Mandatory inspections are always done in practice. 1.0
    Quality control after construction index (0-3) 2.0
    Is there a final inspection required by law to verify that the building was built in accordance with the approved plans and regulations? (0-2) Yes, in-house engineer submits report for final inspection; Final inspection is not required by law. 2.0
    Do legally mandated final inspections occur in practice? (0-1) Final inspection does not always occur in practice. 0.0
    Liability and insurance regimes index (0-2) 2.0
    Which parties (if any) are held liable by law for structural flaws or problems in the building once it is in use (Latent Defect Liability or Decennial Liability)? (0-1)  Architect or engineer; Construction company. 1.0
    Which parties (if any) are required by law to obtain an insurance policy to cover possible structural flaws or problems in the building once it is in use (Latent Defect Liability Insurance or Decennial Insurance)? (0-1) Architect or engineer; Construction company; Insurance is commonly taken in practice. 1.0
    Professional certifications index (0-4) 2.0
    What are the qualification requirements for the professional responsible for verifying that the architectural plans or drawings are in compliance with existing building regulations? (0-2) University degree in architecture or engineering; Being a registered architect or engineer; Passing a certification exam. 1.0
    What are the qualification requirements for the professional who supervises the construction on the ground? (0-2) University degree in engineering, construction or construction management; Being a registered architect or engineer; Passing a certification exam. 1.0