Construction Insights July 2025: Poland

Players active at the Polish construction market may shortly face a legal regulation increasing flexibility of conducting the development process. 

The Polish government has been currently working on the draft of regulation amending the Act of 7 July 1994 Construction Law ("Construction Law") prepared by the Minister of Development and Technology ("Draft").  

A potential new solution provided in the Draft, could include the increasing flexibility in the investment process, to possibly address the concerns of an investor transferring parts of the building permit to another entity. 

The current wording of the Construction Law enables the investor to transfer the building permit solely entirely. However, an entitlement to transfer building permit to the extent covering solely selected building objects included in the building permit would be definitely beneficial for the investors. This possibility seems extremely important especially bearing in mind that the development undertakings frequently encompass not one but several building objects. 

The Draft addresses this need. According to the Draft the authority that issued the building permit is obliged, by way of a decision, to transfer part of that permit at the request of the new investor, provided that both the transferred part of the building permit and the part that is not to be transferred cover building objects or group of building objects together, with related construction facilities that can function independently in accordance with their intended purpose.  

Pursuant to the Draft the new investor is obliged to attach to the application for partial transfer of the building permit:  

(1) the declaration of the new investor on taking over the conditions including in the building permit  

(2) the declaration, under pain of criminal liability, on holding the title to use the real property for construction purposes  

(3) the consent on the above mentioned transfer expressed by the current investor on whose behalf the building permit was issued or a copy of this consent 

(4) the statement confirming receipt from the current investor of the construction design or a copy of the construction design prepared in a form that allows its use in accordance with its intended purpose. 

The proposal of the amendment of the Construction Law included in the Draft described above should be assessed as a step in right direction.  

However, please note that the Draft has not entered into force yet. Therefore, its wording may still change within course of further legislative works. 

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