The new regulation setting out the technical requirements that buildings must meet is being introduced with a significant delay. The Sejm has therefore adopted an amendment giving developers more time to prepare for the new regulations and providing a ‘transitional period’ of as long as 18 months during which the old rules may continue to apply.
The problem is not the postponement of the regulation’s entry into force in itself, but the manner in which it was proposed. Such significant changes for the entire market should not be introduced at the last minute, nor in the form of a legislative add-on.
As Michał Siembab points out in a commentary for Dziennik Gazeta Prawna, such actions raise serious concerns and run counter to the original aim of the new regulation.
“As stated in the original explanatory memorandum to the draft, this bill was intended to eliminate doubts regarding the legal nature of a resolution by the regional chamber of the professional self-regulatory body for architects and civil engineers concerning the removal from the register or suspension of a member’s rights. The amendment introduced by the Infrastructure Committee bears no relation to the subject matter of the bill, as it regulates the extremely important issue of the possibility of applying ‘old’ technical conditions to new developments.”
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