Public Administration in Construction

On the first of January 1999, public building administration was divided into separate authorities for architectural-building administration and for building control. The division of the state building control was carried out in accordance with the principle of separating the functions of inspection and control (building control authorities) from administrative - legal functions concerning granting of rights, that is issuing permits (architectural-building administration authorities). Architectural-building administration and building control authorities operate within the framework of the united public administration; building control authorities function in the form of separate organisational units - inspectorates. These sections of public administration operate under supervision and control of the General Inspector of Building Control.


The General Office of Building Control

The General Inspector of Building Control constitutes a central government body regulating the matters specified in the Building Law and the Act on construction products. The Inspector carries out his activities with the assistance of the General Office of Building Control. The Office has been functioning in accordance with the statute set by the Prime Minister since January 1st, 1995, when it was created by virtue of the Building Law. The General Inspector of Building Control is appointed by the Prime Minister, from among persons selected in an open and competitive recruitment procedure, on a motion of the minister competent for construction, spatial planning and housing matters. The Prime Minister has right to dismiss the General Inspector.

The General Inspector of Building Control carries out tasks specified in the regulations of the Building Law, such as:
1.  acts as higher authority over province governors and provincial inspectors of building control in particular cases resolved on the way of administrative proceedings,
2. supervises and controls the activities of the authorities for architectural-building administration and building control, and
3.  keeps central registers of:
   -   entities with certified builder's qualifications
   -   persons punished by virtue of professional responsibility.

The General Inspector of Building Control is also a specialised body (as stated in the Act on the system of conformity assessment) and carries out obligatory and non-obligatory tasks specified in the Act on construction products.

Obligatory tasks:
1. maintaining the National List of Questioned Construction Products
2. approving of annual provincial control plans
3. submitting of periodical control plans regarding CE marked construction products placed on the market to the President of UOKiK for assessment
4. preparing and submitting to the President of UOKiK the annual reports regarding conducted controls of CE marked construction products placed on the market.

Non-obligatory tasks:
1. creating the annual plan of controls
2. carrying out scheduled and ad hoc controls
3. ordering tests of samples of construction products acquired during control
4. requesting Provincial Inspector of Building Control:
   -   take part in controls conducted by The General Inspector of Building Control
   -   carry out ad hoc controls in a given area
   -   to incorporate specific tasks to annual provincial control plan

       The General Inspector of Building Control, as a central government body, exercises functions pertaining both to architectural-building administration and to building control in all areas of construction, except for mining building.
       The General Office of Building Control is a member of CEBC - The Consortium of European Building Control. The Consortium's aims and objectives are:

  • To help in the promotion of European ideals in connection with activities associated with the building control function.
  • To liaise with and help the EC, member states, EFTA, governmental, professional and private institutions on building control matters.
  • To participate in the work of standard making bodies and to express the interest of European building control
  • To help the implementation of EC directives which affect the construction industry.
  • To help in matters related to the mutual recognition of professional qualifications in relation to the building control function.
  • To promote the science and law of building control by providing a forum for the discussion of matters of mutual interest and the exchange, publication and dissemination of information.
  • To engage in research programmes and projects considered beneficial to the development of European building control.
    (www.cebc.co.uk)

  • The General Office of Building Control is engaged in research concerning the trends in the building market within the framework of the public statistics research programme.

    Architectural-Building Administration and Building Control
    (according to the Building Law Act of July 7th 1994)

           The primary duties of the authorities for architectural-building administration and building control include:
    1.  supervision and control over the observance and application of the provisions of the building law, including:
       -   compliance of land development with local development plans and the requirements of environmental protection,
       -   personal and property safety conditions as provided for in construction projects, as well as actual conditions in the course of construction works and with regard to maintaining construction site objects,
       -   compliance of architectural-building projects with technical building regulations, industrial standards currently binding in Poland and the principles of technical knowledge,
       -   proper execution of independent technical functions in construction,
       -   use of construction products.
    2.  issuance of administrative decisions concerning matters specified by the Law,
    The authorities for architectural-building administration and building control check whether persons fulfilling independent technical functions in construction have due authorisation to work in this capacity and perform controlling activities constituting the basis for decision making and for other measures taken in accordance with the provisions of the Building Law.


    Architectural-Building Administration

    The tasks of the architectural-building administration are performed by:
    - starosts (local governors) - in 308 country counties and 65 town counties,
    - province governors - in 16 provinces,
    - General Inspector of Building Control
    Starosts, as administrative architectural-building authorities, are entitled to:
    - issue building permits,
    - file applications regarding intended construction works,
    - issue grounds use permits,
    - file notifications of the completion of works,
    - keep appropriate records and registers.

           The province governor is the higher-rank authority with regard to individual issues settled by starosts through administrative proceedings and a first instance authority with regard to issues concerning premises meant for state defence and security; maritime construction, water engineering, specific roads and civil airports.


    Building Control

           The following authorities perform the tasks of the building control:
    - county inspector of building control
    - province governor with the assistance of the provincial inspector of building control, as the head of the provincial building control, being part of the united provincial administration
    - General Inspector of Building Control

           The county inspector of building control is, as a first instance authority, competent to:
    1.  issue orders and prohibitions including:

    - order to scrap a structure built without a building permit,
    - prohibition of the execution of construction works carried out without a building permit, or inconsistently with the permit or building regulations,
    - order to perform actions provided for in the case of improper execution of construction works,
    - order to inspect a construction object in an inadequate technical condition,
    - order to repair faults revealed in a constriction object or to remove a threat in such an object,
    - order to scrap an unused or unfinished construction object unfit for rebuilding, repair or finishing,
    - order to evacuate people and property from a building which is threatened by collapse,

    2.  object maintenance control, building sites inspection,
    3.  carrying out proceedings regarding construction accidents, incl. establishing the causes of an accident and circumstances under which it occurred,
    4.  carrying out explanatory proceedings and moving for imposing punishments on persons fulfilling independent technical functions by virtue of occupational responsibility.

           The provincial inspector of building control is the higher-rank authority in relation to the county inspector of building control and a first instance authority with regard to issues concerning structures and construction works where, in architectural-building administration, the province governor is the first instance authority.
    The provincial inspector of building control is the relevant body of the 1st instance in the area of construction products placed on the market. According to the Act on construction products provincial inspector of building control is responsible for:
       -   carrying out scheduled and ad hoc controls
       -   conducting administrative proceedings in inferior courts
       -   participation in controls carried out by General Inspector of Building Control - on GINB's request
       -   ordering test of samples of construction products acquired during control
       -   immediate transfer of resolutions and decisions to GINB
       -   giving opinion on construction products for custom authorities
       -   preparing of annual provincial control plans and submitting them for approval to GINB
       -   incorporating to the plan, tasks assigned by GINB
       -   preparing report on plan accomplishment, (including ad hoc controls), submitting it to GINB

    National List of Questioned Construction Products gathers the data and information concerning construction products subjected to marking with a construction sign , discordant with definite requirements in the present law, and particularly:

    1. data making that allows the identification of questioned construction product;
    2. information about:
      1. the kind and the range of non-compliance of the questioned construction product
      2. resources, which were used with reference to the questioned construction product
      3. threats, which can be caused by the questioned construction product, along with the qualification of these threats.

    Rules on publishing the List
    The list is publicly accessible, and The General Inspector of Building Control at any time can give the public message on information included in it.
    The personal data of the producer or salesman, placed in the list, except for the name and the address, are not publicly accessible.
    The list will be kept with the use of techniques of the electronic data processing in the form of two-piece card of the product in which general and detailed information concerning the product will be given.

    The List is accessible on a website http://www.gunb.gov.pl/kwzwb


    Executives

    Anita Oleksiak - acting General Inspector of Building Control.

    Anna Januszewska - General Director of the General Office of Building Control.