What changed in Polish building law in 2026?
Law and formalities
In 2026 the scope of building simplifications and supervision procedures changed, but this does not mean freedom to build without a design. Investors should first check whether the planned works qualify for a specific exemption and what conditions must be met. It is essential to identify the correct provision and its commencement date, because some changes from the act adopted at the end of 2025 have applied since 7 January 2026, while other regulations have separate dates, including 20 September 2026. Decisions should not be based on the headline 'new building law' alone. This guide describes Polish law as at 1 November 2026.
Since when have the new regulations applied?
A large part of the changes from the Act adopted at the end of 2025 came into force on 7 January 2026. Some regulations had different dates, including 20 September 2026. It is therefore not worth basing decisions on the heading ‘new building law’ alone. The specific provision and the date on which it came into force must be checked.
Transitional provisions also matter. A case commenced before the change is not always conducted according to identical rules as a new application. Before correcting documentation, establish at what stage the proceedings are. Information from an article published several months earlier may still describe the previous wording of the Act.
What changed for covered terraces?
The Act clearly distinguishes between the area of a ground-level domestic terrace and the area of its roof. The exemption from a permit and from notification covers such a terrace up to 35 m², including a covered one, if the roof does not exceed 35 m². Both limits count. A small terrace alone does not allow the roof cover to be enlarged at will.
Terraces with a built-up area greater than 35 m² fall into the category requiring notification when they meet the statutory conditions. For the covered variant, a roof of no more than 50 m² is specified. An object that is in fact an extension of a house or an enclosed room should not be fitted into these provisions.
Why does the name of the structure matter?
The provisions contain definitions that help distinguish a building, a shelter and other structures. For a shelter, the absence of full separation from the space by partitions is among the relevant factors. An object clad on all sides with sandwich panels may require a different assessment than an open roof cover. The name used in a commercial offer does not determine the classification.
Before ordering materials, describe the actual manner of use and the degree of enclosure. Indicate whether walls, a gate, heating or installations will be created. Turning an open shelter into a closed workshop is not merely a choice of more convenient roofing. It may also affect the technical and formal requirements of the entire project.
Does simplified legalisation apply to every structure after 10 years?
No. The general simplified legalisation of unauthorised construction still requires a condition of at least 20 years from its completion, along with further prerequisites. The change concerning 10 years covers specific situations, including material departures from a permit or design. These procedures must not be combined into a single promise of automatic legalisation.
With an old roof, it is necessary to establish what was carried out without the required documents. Building an additional part of the house is one thing, and departing from an approved solution is another. Dates and documents are needed. The passage of time alone does not replace the assessment of safety and the decision of the competent authority.
What does the option to instruct the investor involve?
The new regulations allow the supervisory authority to instruct the investor in certain material departures during ongoing works. The instruction concerns restoring compliance with the permit, the design or the regulations. The authority may then verify fulfilment of the obligation after 60 days, and at the investor’s request also earlier.
This is a power of the authority, not an additional period guaranteed to everyone for arbitrary changes. Where irregularities remain, further supervisory provisions apply. Before moving the ridge, changing the structure or making any other major intervention, obtain the designer’s assessment. The remedial procedure should not replace planning.
Are new forms required?
In 2026, new templates for many construction forms were published. They concern, among others, the permit, the notification of works and simplified legalisation. Before sending documents, use the form currently provided by the competent office or administration service. An old file saved on a computer may not correspond to the current template.
Completing the form alone does not resolve missing attachments. The requirements concerning the design and the right to dispose of the property must still be checked. Also ensure confirmation of effective delivery. A draft saved in the electronic system is not the same as a document sent to the authority.
What remains important when choosing roofing?
Simplifying the procedure does not remove the requirements for load-bearing capacity, fire safety or thermal insulation. T18, T35 and sandwich panels are selected for the designed supports and loads. The manufacturer describes the product parameters, and the designer verifies its application in the building. These tasks still have to be carried out.
Before purchase, prepare one agreed description of the project. It should correspond to the official documents, the design and the material order. If the scope of works changes, return to the classification of the works. In this way, the new simplifications can genuinely facilitate construction instead of creating a dispute over what was permitted to be carried out.
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