The technical requirements for buildings and their location are one of the fundamental legal documents defining design principles —a set of regulations and standards concerning, among other things, minimum distances between buildings, as well as safety and comfort in architectural design. Currently, however, the previous regulation on technical requirements has expired, and the new one has not yet been signed by the minister. What does this actually mean for the architectural industry? Theoretically, the “old” technical conditions can still be used for another 18 months—but how will this affect the issuance of building permits or future projects designed at a time when the “rules of the game” are changing? We asked Ryszard Gruda, Vice President for Legislation at the Chamber of Architects of the Republic of Poland, for his comments.
In 2019, the previous government was tasked with drafting a new regulation on the technical requirements that buildings and their locations must meet. By appointing a team of experts, the current government undertook this task in 2024. It drafted a new document and then, in the revised Construction Law, announced that starting September 20, 2026, for an 18--month adjustment period, designers, developers, and contractors may continue to apply the implementing regulations that are no longer in force. However, Minister Andrzej Domański did not sign the regulation before September 20 of this year; instead, the Ministry of Development and Technology issued a statement indicating that work on the ministerial draft regulation is still ongoing in order to develop the optimal wording for the new provisions. This comes as a surprise, as the draft regulations had been notified to the European Commission under an urgency procedure.
The old technical requirements are no longer in effect, and the new ones have not yet been established. Participants in the investment process are concerned about the resulting legal vacuum, unless it is filled by Article 5 of the current Construction Law, which provides guidelines for the design and construction of buildings. Thus, buildings should continue to be designed “in accordance with the principles of technical knowledge.” The current situation will reward those with knowledge and experience while eliminating abuses, such as the preparation of designs by individuals lacking the appropriate qualifications. Most architects who are members of the Chamber of Architects of the Republic of Poland will rise to this challenge.
Is the absence of legal regulation also a form of legal regulation? Members of the Chamber are pondering this question, but above all, we demand an immediate response from the Ministry of Development and Technology to this and similar questions. The announced comprehensive regulation on technical conditions is over three hundred pages long, and following its suspension, we can likely expect corrections and additions to be made. We do not know when. The new regulations will be of fundamental importance to the economy, the proper and stable functioning of the investment market, the safety of building occupants, and the quality of the space around us. It is, therefore, a matter of the public interest in the broadest sense.
Ryszard GRUDA
KRIA Vice President for Legislation
