The amendment to the Construction Law which came into effect on 19 September last year introduced a number of significant changes to the Act. Unfortunately, their application still gives rise to a number of doubts – particularly with respect to interpretation of transitional provisions. Some of them were recently clarified by the Chief Inspector of Construction Supervision.
One of the most important changes introduced by the aforementioned amendment was establishing a NEW SUBDIVISION OF THE CONSTRUCTION PROJECT, which entailed issuance of a regulation concerning the scope and form of the construction project.
Pursuant to the transitional provisions to the amendment, within 12 months from the date of its entry into force, the investor may attach to the application for a construction permit a design prepared in accordance with the NEW OR OLD RULES.
According to the Chief Inspector, this choice has an impact on the course of the entire procedure, including the procedure to amend the construction permit.
According to the presented opinion, also in the latter case it is necessary to apply the former regulations.
Please note that the presented INTERPRETATION is NOT BINDING AND IS THE POSITION OF THE MAIN CONSTRUCTION SUPERVISOR ONLY