📋 Tender Overview
The Ministry of Environment has prepared the construction technical regulation "Documents authorising construction. Completion of construction. Registration and transfer of an unfinished structure. Suspension of construction. Elimination of the consequences of arbitrary construction. Remediation of the effects of construction under an illegally issued building permit document" amendments that implement the new provisions of the Building Act, which will come into force on May 1.
The provisions of the building permit system, which will come into force on November 1, will be tabled in a separate amendment.
The project submitted for coordination provides what data contractors are obliged to provide about the subcontractors used, specifies in which cases a reconstruction or repair project can be prepared. It is also proposed to legitimise that during the procedure for the completion of construction, a cadastral data file of the land plot is also submitted.
As provided for in the Law on Construction, the aforementioned construction technical regulation proposes to establish that if other contractors (subcontractors) are used in the course of construction works, contractors must report them in the information system "Infostatyba" of building permits and state supervision of construction or record it in the electronic construction works logbook, if the data contained in it is linked to "Infostatyba". On one construction site, only one method of notification is applied.
Another amendment is that for buildings (parts thereof) registered in the Register of Real Estate, which, with the possession of a building permit, have beensubmitted for construction before 1 January 2010, but have not been completed, and for which the document authorising the construction is no longer valid, it is allowed to prepare projects for the reconstruction or repair of structures (their parts) and to obtain documents authorising construction on the basis of them. The start of construction of buildings (parts thereof) which started construction before 1 January 2010 is determined in accordance with the procedure established by the Minister for the Environment.
The provisions of the Law on Construction related to the completion of construction are transferred to the technical regulation of construction. Construction is considered complete when all construction work is carried out and an act of completion of construction is issued when it is mandatory. The deed of completion of construction is drawn up only in the case when the builder submits the cadastral data file of the structure agreed by the real estate cadastral manager after the preliminary inspection, as well as an updated cadastral data file of the land plot on which the structure is built or reconstructed, agreed in accordance with the procedure established by the Real Estate Cadastral Regulations.
Construction is also considered to be completed if, after all the construction works have been completed, a declaration on the completion of construction is drawn up in accordance with the procedure established by the Minister of the Environment (when it is mandatory), the contractor for the examination of the construction project (part of it) or the contractor for the examination of the construction project (part of it) confirms the declaration of completion of construction and registers it in the "Infostatyb".
The declaration of completion of construction is approved only when the builder (developer) submits the cadastral data file of the structure agreed by the Real Estate Cadastral Manager after the preliminary inspection, as well as an updated cadastral data file of the land plot on which the structure was built or reconstructed, agreed in accordance with the procedure established by the Real Estate Cadastral Regulations.
It is hoped that these changes will allow to increase the transparency and efficiency of construction processes, and the possibility of reconstructing and repairing old structures of unfinished construction will make it possible to improve the condition of not only the structures themselves, but also the landscape of the country as a whole.
Comments and suggestions of the construction technical regulation "Documents authorizing construction. Completion of construction. Registration and transfer of an unfinished structure. Suspension of construction. Elimination of the consequences of arbitrary construction. Remediation of the effects of construction under an illegally issued building permit document" can be submitted to the draft amendments in the Legislative Information System (TAIS) until April 23.
