New Polish building rules aim to curb 'pathological development,' raise concerns

Poland's Ministry of Development and Technology has finalized new technical regulations for buildings, intended to combat what are termed "pathological development" practices in the construction sector. The comprehensive 234-page document, accompanied by a 180-page justification, introduces significant changes impacting material producers, architects, engineers, and investors.

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The regulation, which is 234 pages without annexes, must be read with the justification, which has another 180 pages, and this is a significant minus of this regulation, as it will be a source of interpretive disputes.

Legal experts, however, have raised concerns about the regulation's complexity. Joanna Maj, a legal advisor at SWK Legal, noted that the extensive documentation could lead to interpretive disputes, especially for entrepreneurs who may not delve into the detailed justifications. A key point of contention is the regulation's treatment of minimum room sizes, specifically in hotels.

While the project removes an exception for collective housing buildings, the justification suggests hotel rooms are not considered "utility premises" subject to the 25-square-meter minimum. Experts argue this should be explicitly stated in the regulation itself to avoid legal ambiguity. Patryk Kozierkiewicz of the Polish Union of Developers emphasized that unclear regulations could complicate new investments, advocating for a clear exception for hotel rooms or a return to previous provisions.

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Lack of clear regulations can lead to divergent interpretations by administrative bodies and hinder the design of new investments.

Dr. Agnieszka Grabowska-Toś highlighted that the ambiguity surrounding hotel rooms could affect their classification as independent properties. Historically, hotel rooms have not faced issues with minimum size requirements or being subjects of separate ownership, a practice that could be complicated by the new, less explicit regulations.

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A hotel room (hotel unit) meets the criteria for being recognized as a utility premise within the meaning of the definition contained in the draft regulation.