Costs and formalities
Poland’s 2026 building law changes – procedures, records and transition dates
In brief
The 2026 amendment did not abolish the rule that construction requires an appropriate legal basis – before starting work, check whether your building and procedure fall under an exemption, notification or permit. Every exception has conditions concerning function, size and location, and calling a structure ‘lightweight’ is not enough. For a roof or sandwich-panel cladding, it is essential to determine whether the planned solution meets the definition of a shelter, building or other structure. This determines the procedure and the scope of documentation.
Can every small project now be carried out without a permit?
No. The amendment expanded the catalogue of certain exemptions and works covered by notification. However, it did not abolish the principle that construction requires the appropriate legal basis. Each exception has conditions concerning, among other things, the function, size and location of the structure. It is still not enough to call a structure “lightweight” or order it in prefabricated elements.
One of the new cases involves certain free-standing public utility buildings with no more than two storeys and a usable floor area of up to 200 m². Their area of impact must lie within the plot or plots covered by the project. This is an example requiring the fulfilment of a whole set of conditions. It is not a general exemption for every hall or company building up to 200 m².
Why does the definition of a shelter matter?
The Act now includes a definition of a shelter. In this context, a shelter is a structure with foundations and a roof, permanently connected to the ground. Building partitions do not fully separate it from its surroundings. Therefore, before classification, the actual design solution must be assessed. A commercial name for a kit is not sufficient to determine whether it is a shelter, a building or another structure.
This matters for sheet metal roofs and lightweight panel cladding. Adding full walls can change the assessment of the investment. The new definition should also not be confused with any right to build. The relevant procedural provision, planning determinations, location and technical requirements must still be checked. The mere presence of a T18 roof does not settle any of these issues.
What does the possibility of earlier removal of a derogation involve?
The new provisions provide, in specified cases of significant deviation, for the possibility of the investor being instructed by the supervisory authority. The aim is to enable the works to be brought into compliance before further steps provided for by the Act are taken. The instruction requires proper documentation. The authority then checks whether the irregularities have been removed; the Act specifies an inspection after 60 days and the possibility of an earlier check upon application.
This solution does not mean a right to deliberately build differently from the design. It does not automatically apply to every irregularity. It also does not replace the need to ensure safety. Before changing the support layout, the shape of the roof slope or significant cladding parameters, consult the change with the designer. Correcting a finished roof may require dismantling materials and reordering some components.
Can every unauthorised construction be legalised after ten years?
No. The amendment introduced special rules for specified works completed at least 10 years earlier. In the case of significant deviations from a permit or approved design specified in the Act, the relevant application of simplified legalisation provisions is provided for. Other specified works are subject to a risk assessment and the relevant remedial decisions.
This is not a general amnesty or a blanket reduction to 10 years for all buildings erected without a permit. In the separate simplified procedure, the condition of at least 20 years from completion of construction still applies. The assessment must begin with the type of breach, the dates and earlier decisions. Before purchasing a property, ask for documents confirming its actual legal status.
Has the paper construction log been withdrawn?
The deadline relating to paper construction logs has changed. The amendment allows them to be issued until 31 December 2031, taking into account special rules for closed areas. This should not be described by the shorthand that from 2026 every construction log must be electronic. Nor should the issuing deadline be equated with a single common completion date for all projects carried out on paper.
The choice of documentation form should take into account the regulations governing the specific project. The site diary still serves to document the course of works and significant events. It does not replace the design or the acceptance protocols. For a roof, it is also worth retaining records of changes, material documents and confirmation of acceptance of covered works. These allow the method of constructing the building envelope to be reconstructed later.
What about the existing technical conditions?
From 20 September 2026, an 18-month period is provided for applying the existing requirements within the scope specified by the Act. For projects submitted for a permit, separate design approval or construction notification, this requires a declaration by the investor submitted to the authority. The technical design must then apply the same regulations. Separate regulations cover the specified works without a permit and notification and the maintenance of residential buildings.
The scope of this solution must be determined for the specific undertaking. Individual, more convenient points from different sets of requirements should not be selected. Before submitting the documentation, agree the basis of the design and the required declarations. The text presents selected changes as at 1 November 2026. Load-bearing capacity, fire requirements and thermal conditions for the planned roof or enclosure must still be verified.
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