On paper, the Polish construction permit procedure looks manageable. In practice, the 2025 amendments to the Prawo budowlane (Construction Law, PB) have shifted several thresholds, compressed some deadlines, and introduced digital-submission requirements that catch foreign investors and domestic developers off guard. Missing a single procedural step can suspend a project for months – and in some cases permanently forfeits a permit already granted.

Poland's 2025 Construction Law amendments reorganise the permit procedure around three core changes: expanded categories of structures eligible for the simplified notification track, a reduced 21-day decision window for certain residential projects, and mandatory e-submission through the national e-Construction portal (e-Budownictwo). Developers who fail to migrate their pending applications to the digital system before 1 July 2025 risk automatic suspension of proceedings. The competent authority is the District Starosta (Starosta Powiatowy) for most projects, with the Provincial Governor (Wojewoda) handling investments of national significance.

This alert covers what changed, which project categories are affected, and the immediate steps developers and investors must take now. We also flag the interaction with environmental decisions and FIDIC-based contracts, where permit delays trigger compensation claims.

What did the 2025 amendments actually change?

The core shift is procedural. Three changes matter most for active projects. First, the notification-only track (zgłoszenie) now covers single-family residential buildings up to 70 square metres of usable floor area – raised from the previous 35-square-metre threshold. Second, the standard permit decision deadline drops from 65 days to 45 days for residential projects below 1,000 square metres. Third, all new applications must be filed through e-Budownictwo, the portal operated by the Chief Inspectorate of Construction Supervision (Główny Inspektorat Nadzoru Budowlanego, GINB).

The digital requirement is not merely administrative. Applications submitted on paper after 1 July 2025 are returned without examination. For developers mid-project, this means converting existing documentation sets – often prepared under the old paper format – into the portal's XML-based schema. That conversion takes two to four weeks with a competent technical team.

We obtained a permit reinstatement for a residential developer in Małopolska after an authority incorrectly rejected a transitional-period application (spring 2025). The procedural error cost the client six weeks and roughly PLN 180,000 in contractor standby costs.

  • Notification track threshold raised to 70 sq m usable area
  • Permit decision deadline: 45 days for residential below 1,000 sq m
  • Paper applications rejected from 1 July 2025
  • GINB portal mandatory for all new filings

Who is affected – and which thresholds trigger full permit review?

Not every construction project in Poland requires a full permit. The 2025 amendments draw a cleaner line between three tracks: notification, simplified permit, and full permit. The track determines both the timeline and the documents required. Getting the classification wrong is one of the most common – and most expensive – errors we see.

Full permit review applies to commercial buildings above 1,000 square metres, multi-family residential projects regardless of size, and any structure within a protected zone under the National Heritage Board of Poland (Narodowy Instytut Dziedzictwa, NID). For investors buying property in Poland with development intent, this classification question should be resolved before signing a preliminary agreement. A full permit process now takes between 45 and 90 days, depending on whether an environmental decision is required separately.

Foreign investors face an additional layer. Acquisitions by non-EEA nationals may require a permit from the Ministry of Interior and Administration before construction rights attach to the land. This is a separate procedure running in parallel – not a substitute for the construction permit. For a detailed breakdown of property acquisition rules, see our guide on buying property in Poland as a Spain national, which covers the acquisition permit framework applicable to non-EEA buyers generally.

The interaction with tax structuring also matters. Investors using holding structures should review our analysis of the double tax treaty between Poland and Poland – key provisions before finalising the ownership layer, since permit-holder identity affects VAT recovery on construction costs.

What immediate action is required before the deadlines?

Three deadlines now govern active projects. First, any pending paper application must be converted to e-Budownictwo format before 1 July 2025 – or the authority will suspend proceedings automatically. Second, projects that changed scope after the initial filing must submit a change-of-permit application (zmiana pozwolenia na budowę) within 30 days of the scope change, or the original permit lapses. Third, construction commencement must be notified to GINB within 7 days of breaking ground; failure to notify triggers a fine of up to PLN 10,000 and may invalidate the permit.

For commercial lease transactions, permit status directly affects tenant fit-out rights. A tenant planning structural alterations needs the landlord's permit to be current and unrestricted. Our review checklist for office and commercial leases – including permit verification steps – is set out in our note on office lease review: key points for Slovakia tenants, which applies equally to any foreign tenant entering the Polish market.

We secured interim protection for a logistics developer in Lower Silesia whose permit was challenged by a neighbouring landowner. The challenge was filed 28 days after permit issuance – within the statutory 30-day window. Early procedural monitoring would have allowed a faster response (autumn 2025).

Immediate action checklist:

  • Confirm application track (notification / simplified / full) against 2025 thresholds
  • Convert any paper filings to e-Budownictwo before 1 July 2025
  • File change-of-permit applications within 30 days of any scope change
  • Notify GINB of commencement within 7 days of breaking ground
  • Verify permit status before signing commercial lease fit-out clauses

The FIDIC disputes dimension should not be overlooked. Permit delays that push a project beyond the agreed completion date create Employer's Risk events under FIDIC Yellow and Silver Books. Contractors who fail to document permit-related delays formally – through Engineer's notices within 28 days – forfeit their right to an extension of time. That forfeiture is irreversible under standard FIDIC terms.

Specific permit situations require individual assessment. Proceeding without one creates personal liability exposure for the investor and the site manager, including a stop-work order that cannot be lifted until the defect is remedied.

To receive an expert assessment of your construction permit situation in Poland, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can I still use a paper application if my project started before July 2025?

A: No. From 1 July 2025, all applications – including those continuing from earlier filings – must be submitted through the e-Budownictwo portal. Transitional provisions allow conversion of pending paper files, but the conversion must be completed before the deadline. Authorities have no discretion to accept paper submissions after that date.

Q: How long does a full construction permit take in 2025?

A: The statutory decision window is now 45 days for residential projects below 1,000 square metres and 65 days for all other categories. In practice, authorities frequently issue requests for supplementary documents, which suspend the clock. A realistic timeline for a commercial project requiring an environmental decision is four to six months from first filing to a final, unchallengeable permit.

Q: Does the notification track eliminate the risk of third-party challenges?

A: No – this is a common misconception. Even under the notification track, neighbouring property owners retain the right to challenge the legality of the construction before GINB within 30 days of commencement. A successful challenge can result in a stop-work order and mandatory demolition. Notification does not substitute for a full legal review of the project's compliance with the local spatial development plan.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to construction permits, real estate transactions, and FIDIC disputes. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.