Poland: Deviation from technical building requirements

Miller Canfield

Deviation from technical building requirements

Under Article 5, paragraph 1 of the Construction Law of 7 July 1994 (consolidated text: Journal of Laws 2021, item 2351, henceforth “CL”), all construction projects must be designed and built in conformity with “technical building regulations,” i.e. regulations issued by competent ministers that set out technical requirements for buildings, their location, and use. From a practical standpoint, the most important of these is the Minister of Infrastructure Regulation of 12 April 2002 on technical requirements for buildings and their location (Journal of Laws 2019, item 1065 with subsequent changes), which specifies detailed technical standards for buildings.

In principle, therefore, anything that the architect includes in the design of a project should conform to the requirements set forth in these regulations - both when it comes to the mode of construction and to use.

Originally published in PMR Construction Insight: Poland - January 10, 2022.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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