It should be noted that as of 27 January 2023 there entered into force an amendment to the Act dated 7 July 1994 the Construction Law (the "Construction Law").
This amendment provides for the digitizing of construction log (Polish: dziennik budowy).
A construction log is an official document in which information is recorded regarding the course of construction works and other events and circumstances arising during their performance.
It constitutes a basic source of information about the entire construction process and its course. The construction manager (Polish: kierownik budowy) is responsible for maintaining a construction log in a manner that is compliant with relevant regulations.
In light of the provisions of the Construction Law, in accordance with the version determined in the above mentioned amendment, the entities entitled to make entries in the construction log are:
- participants in the construction process (i.e. investor, investors' supervision inspector (Polish: inspektor nadzoru inwestorskiego), designer, construction manager (Polish: kierownik budowy) or construction works manager (Polish: kierownik robót));
- qualified land surveyor conducting geodesic activities on the construction site, and
- employees of the construction supervision authorities and other authorities authorised to supervise the observance of the regulations at the construction site within the framework of performance of such control activities.
Before the entry into force of the above-mentioned amendment to the Construction Law it was possible to maintain the construction log solely in paper form.
From the entry into force of the amendment referred to above an investor is entitled to choose to keep a construction log: (i) in paper form, or (ii) in electronic form, in an electronic system called the Electronic Log Book (Polish: Elektroniczny Dziennik Budowy), available at the website operated by the General Construction Supervision Inspector (Polish: Główny Inspektor Nadzoru Budowlanego). Since the entry into force of the said amendment construction logs conducted thus far in paper form may be continued electronically. Each electronic construction log will have its own unique identifying number. An electronic construction log is issued by a way of ensuring access to it in an electronic system referred to above, i.e., the Electronic Log Book (Polish: Elektroniczny Dziennik Budowy).
Paper construction logs will be available until 31 December 2029. After 31 December 2029 maintaining a construction log solely in electronic form will become admissible.
Except for digitization of construction logs the beginning of 2023 brought also changes to the manner of running a building facility log (Polish: książka obiektu budowlanego), constituting a document maintained during the exploitation and usage of a building facility (except for those building facilities enumerated in the Construction Law, with respect to which maintaining a building facility log is not required), in which in particular entries regarding inspections of building facilities and construction works related to their repair are registered.
As of 1 January 2023 there entered into force an amendment to the Construction Law providing for the possibility of maintaining the building facility log in digital form. Until the entry into force of the above-mentioned amendment it was possible to maintain such a log purely in paper form.
A digital building facility log kept in an electronic form is set up and kept in an electronic system called the Digital Log of the Building Facility (Polish: Cyfrowa Książka Obiektu Budowlanego) available at the website operated by the General Construction Supervision Inspector (Polish: Główny Inspektor Nadzoru Budowlanego).
These logs, the running of which was commenced prior to 1 January 2023, may still be maintained in paper form in accordance with the regulations in force prior to 1 January 2023. However, the owner and manager of building facility who commenced maintaining the log prior to 1 January 2023 is obliged to close this paper log and to establish the building facility log in digital form until 31 December 2026. Moreover, owner and manager of building facility may create this log in paper form up until 31 December 2023. However, owner or manager of building facility who established this log in paper before 31 December 2023 is obliged to close this paper log and to establish it in digital form before 31 December 2026.
We can expect that the amendments referred to above will simplify the maintenance of the documentation related both to the performance of the construction process and subsequent maintenance of building facilities. These amendments will also entail modernizing the manner in which a significant part of the documentation pertaining to the construction process and exploitation of the building facilities will be carried out.
