The President has just signed the Act of 4 December 2025 amending the Construction Law and certain other acts. The new provisions are aimed at simplifying and accelerating the investment and construction process and eliminating interpretative doubts raised by participants in the construction process and administrative authorities. The legislator has focused on deregulatory measures, expanding the list of investments exempt from administrative obligations and introducing changes to control procedures.

What simplifications in investment processes can property developers, commercial investors and private investors expect?

An important element of the amendment is the clarification of the terminology used in the regulations. A number of new legal definitions have been introduced into the Act. It should be noted that a significant part of these definitions has been transferred to the Act from the existing regulations. This is a correct and desirable move from a systemic point of view, as definitions shaping the rights and obligations of citizens belong to the statutory domain and should be included in an act of law rather than in executive acts.

The amended Act will include definitions of, among others:

• residential building – with a clear distinction between multi-family and single-family residential buildings,
• public utility building – defined as a building intended for the purposes of, among others, administration, culture, education, trade, catering or passenger services, as well as office buildings (with certain inclusions),
• collective residential building – including, among others, hotels, motels, student dormitories, nursing homes and barracks,
• individual recreation building – understood as a building intended for periodic recreation,
• electricity storage, sheds, single-family and farm buildings, or building plots.
  

What will the deregulation cover?

The amendment expands the list of structures whose construction does not require a building permit, but only a notification; the most important changes in this regard include:

• small public buildings – the exemption from building permits covers free-standing public buildings with no more than two storeys and a usable area of no more than 200 m². The condition is that the area of impact of the structure must be entirely within the plot or plots on which it was designed.
• home protection structures – it will be possible to construct free-standing home shelters with a usable area of up to 35 m², intended to protect the users of a single-family residential building, on the basis of a notification.
• telecommunications infrastructure – the facilitations also apply to free-standing telecommunications containers with a building area of up to 35 m² and containers with a height of up to 3 m and a building area of up to 35 m², together with the necessary installations.
• energy storage facilities – on the basis of a notification, it will be possible to build free-standing electricity storage facilities with a nominal capacity of more than 300 kWh, but not more than 2,000 kWh,
• terraces and tanks – the notification procedure also covers above-ground terraces with a building area of more than 35 m² (for uncovered ones) and covered ones with a roof area not exceeding 50 m²; this also applies to non-drainage tanks for rainwater or meltwater with a capacity greater than 5 m³ but not exceeding 30 m³.
  

Investments exempt from permits and notifications

The legislator has also expanded the list of structures and construction works that do not require either a building permit or notification; this group includes, among others:

• swimming pools and ponds with an area of no more than 50 m² adjacent to single-family residential buildings and individual recreational buildings,
• smaller home terraces – above ground with a built-up area of no more than 35 m² (in the case of roofing, the roof area may also not exceed 35 m²),
• sports infrastructure – changing rooms, roofing or stands at sports fields and courts with a built-up area of no more than 25 m² and a height of no more than 3 m (with a limit on the number of such structures on a plot),
• free-standing flagpoles with a height of no more than 7 m,
• small electricity storage facilities with a nominal capacity of no more than 30 kWh,
• micro wind installations with a height of no more than 3 m (excluding areas covered by the airport master plan).
  

What is the “yellow card” mechanism?

The amendment introduces Article 51a to the Building Law, establishing the so-called yellow card mechanism. This is an optional solution, giving building supervision authorities a possibility to apply a corrective measure before implementing more restrictive procedures.

If construction works are found to be carried out in a manner that deviates from the building permit, design or regulations, the authority may instruct the investor to bring the works into compliance with the law. This instruction is entered in the inspection report and the construction log.

Verification of compliance with the recommendations takes place 60 days after the date of the instruction, or before the expiry of 60 days at the investor’s request. If the investor fails to bring the works into compliance with the requirements, the building control authority implements the standard remedial procedure specified in Articles 50–51 of the Act.

Extension of the simplified legalisation procedure

An important change for owners of older buildings is the new provision which regulates the situation of construction works carried out in a manner significantly deviating from the arrangements and conditions specified in the building permit or design, if at least 10 years have elapsed since their completion.

In such cases, the provisions on simplified legalisation proceedings (Articles 49f–49i) shall apply accordingly. The building supervision authority shall then limit its activities to verifying that the construction works do not pose a threat to human life or health.

Derogations from technical and construction regulations

The Act introduces changes facilitating the granting of derogations from technical and construction regulations in the case of reconstruction or change of use of existing facilities.

With regard to hygiene, health and occupational health and safety requirements, alternative solutions may be applied on the basis of the consent of the competent provincial sanitary inspector (or the district labour inspector acting in consultation with them). This procedure will not require obtaining consent for a derogation from the minister. However, the alternative solutions used must not endanger human life or worsen health and sanitary conditions.

Other changes

Other important regulations include:

• addition of a provision incorporating technical conditions for protective structures, issued on the basis of the Act on Civil Protection and Civil Defence, into the technical and construction regulations,
• restriction of the possibility of issuing a paper construction log until 31 December 2031, which is a significant step towards the digitisation of the investment process,
• introduction of a requirement that an appeal against a decision or a complaint against a ruling issued under the Construction Law must contain specific allegations, specify the scope of the request that is the subject of the appeal or complaint, and indicate the evidence supporting that request.

The Act will largely enter into force at the beginning of 2026, i.e. 14 days after its publication in the Journal of Laws.