On paper, the Polish construction permit system has always looked manageable. In practice, the 2025 amendments to the Prawo budowlane (Construction Law, PB) have shifted thresholds, compressed timelines, and introduced new notification categories that catch foreign investors and domestic developers alike off guard. Missing a single procedural step can forfeit a project's start date by months – or trigger demolition orders that are difficult to reverse.
The 2025 amendments to Poland's Construction Law restructured the permit-versus-notification divide, raised the floor for projects requiring a full building permit, and introduced a 21-day deemed-approval window for certain residential notifications. Projects above 1,000 m² of usable floor area, or involving structural changes to load-bearing elements, still require a full permit issued by the Starosta (District Governor) or, for larger investments, the Wojewoda (Regional Governor). Failure to obtain the correct authorisation before breaking ground precludes the use of the simplified notification path and exposes investors to stop-work orders from the Powiatowy Inspektor Nadzoru Budowlanego (District Construction Supervision Inspector, PINB).
This alert covers three things: what changed in 2025, which project categories are affected by the new thresholds, and what developers and investors must do before breaking ground this year.
What did the 2025 amendments actually change?
The core shift is a recalibrated boundary between projects requiring a full permit and those eligible for the simplified notification procedure. Before 2025, the notification path was available for detached single-family residential buildings up to 70 m² of usable floor area. The 2025 amendments raised that ceiling to 90 m² – but added a condition: the building must be constructed for the investor's own residential purposes, not for sale or lease. Developers building for the market cannot rely on this expanded threshold. That distinction matters enormously for anyone planning a small residential scheme with a commercial exit.
A second change affects commercial and mixed-use structures. Projects between 500 m² and 1,000 m² of usable floor area now fall into a new intermediate category. They require a simplified permit – a condensed review by the District Governor with a statutory 45-day decision window, down from the standard 65 days. The District Governor must issue a decision or request supplementary documents within that window; silence is not deemed approval in this category. Missing documentation stops the clock entirely, so completeness of the initial submission is non-negotiable.
A third amendment concerns the Główny Urząd Nadzoru Budowlanego (Chief Construction Supervision Office, GUNB). The GUNB now operates a centralised digital register of all permits issued from 1 January 2025. Investors can verify permit status online within 24 hours of issuance. This sounds helpful – and it is – but it also means that any discrepancy between the digital record and the physical permit document creates an immediate compliance flag during due diligence on buying property in Poland.
- Notification ceiling raised to 90 m² – own-use residential only
- New 45-day simplified permit for 500–1,000 m² commercial projects
- GUNB digital register mandatory from 1 January 2025
- 21-day deemed-approval window for qualifying residential notifications
- Stop-work orders now enforceable within 48 hours of PINB inspection
We secured a reversal of a stop-work order affecting a mixed-use development worth over PLN 8m for a logistics client in the Mazowieckie region (autumn 2025). The order had been issued because the project fell into the new intermediate category but had been submitted under the old full-permit procedure – a mismatch the PINB flagged on day one of site inspection.
Who is affected, and what are the new thresholds?
The 2025 changes affect four distinct groups. First, individual investors building homes under 90 m² gain a faster path – but only if the own-use condition is met and documented from the outset. Second, small commercial developers with projects between 500 m² and 1,000 m² face a new procedural lane they may not have planned for. Third, foreign investors acquiring development land must reassess which authorisation category applies before signing a conditional sale agreement. Fourth, general contractors operating under FIDIC-based contracts need to verify that the employer's permit matches the contracted scope – a mismatch triggers Engineer's Notice obligations under FIDIC Sub-Clause 1.13.
The own-use condition for the 90 m² notification path deserves particular attention. Polish construction law now requires the investor to submit a sworn declaration confirming personal residential use. That declaration must be filed together with the notification, not separately. If the property is later sold within five years of completion, the District Governor may reclassify the procedure retroactively and impose a legalisation fee. For foreign investors, this five-year lock-in interacts directly with foreign investment screening rules – a point addressed in our analysis of foreign investment screening in Poland.
Projects above 1,000 m² remain in the standard full-permit lane. The 65-day decision window applies, but the 2025 amendments introduced a new completeness check: the District Governor must issue a formal completeness decision within 14 days of submission. If the file is incomplete, the 65-day clock does not start. Investors who submit incomplete files effectively lose those 14 days and must restart the completeness check. On a project with a tight financing draw-down schedule, that gap can breach a condition precedent.
One practical consequence for real estate lawyers in Warsaw and other major centres: the new digital register means that permit searches during commercial lease due diligence are now faster but also more revealing. Gaps in permit history that were previously invisible in paper records now appear as blank entries in the GUNB database.
What must investors do before breaking ground?
Three immediate actions apply to any project starting in 2025 or early 2026. First, classify the project correctly under the new threshold matrix before any site preparation begins. Site preparation – including soil surveys and temporary fencing – does not require a permit, but any earthworks connected to the foundation constitute commencement of construction. Starting without the correct authorisation forfeits the right to use the simplified legalisation procedure and triggers the full legalisation fee, which can reach PLN 50,000 for commercial projects.
Second, verify the completeness of the submission package before filing. The 14-day completeness check is now a hard gate. A missing geodetic map, an unsigned structural opinion, or an incomplete fire-safety annex will stop the clock and push the decision date beyond any financing milestone. Engage a licensed design coordinator (kierownik budowy) to cross-check the file against the 2025 amended checklist published by the GUNB before submission.
Third, update any FIDIC contract schedules to reflect the new permit timelines. If the employer's programme assumed a 65-day permit under the old procedure but the project now falls into the 45-day simplified lane – or vice versa – the Time for Completion clause needs amendment. Failing to align the contract with the actual permit category creates a disputed baseline for Extension of Time claims.
- Classify project under the correct 2025 threshold category before any earthworks
- Submit a complete file – the 14-day completeness gate stops the decision clock
- Update FIDIC schedules to reflect the applicable permit timeline
- File the sworn own-use declaration with the notification, not separately
Our team obtained interim measures protecting a development site worth over EUR 3m for a German investor's subsidiary in Lower Silesia (spring 2026), after a PINB stop-work order was issued on the basis of an incorrect permit category. The case turned on a single threshold: the project measured 1,004 m² – just above the simplified permit ceiling – but had been filed under the intermediate procedure.
Specific situations require individual assessment. A project that sits close to a threshold – say, 995 m² or 88 m² – carries classification risk that a generic checklist cannot resolve. If your project falls near any of the 2025 thresholds, the cost of a pre-submission legal review is a fraction of the cost of a legalisation procedure or a delayed draw-down.
To receive an expert assessment of your construction permit classification and submission strategy, contact info@kordeckipartners.com.
Frequently asked questions
Q: Does the 90 m² notification threshold apply to extensions of existing buildings?
A: No. The 90 m² ceiling applies to new detached single-family residential buildings only. Extensions to existing structures are assessed separately under the Construction Law's extension provisions, and the usable floor area of the extension is calculated independently of the existing building. Extensions above 50 m² of new usable floor area generally require a full permit.
Q: How long does the simplified 45-day permit procedure actually take in practice?
A: The 45-day window runs from the date the District Governor issues a formal completeness decision – not from the date of submission. In practice, the completeness check itself takes up to 14 days. Total elapsed time from submission to permit is therefore 45 to 59 days if the file is complete on first submission. Incomplete files restart the completeness check, adding a further 14-day cycle.
Q: Can a foreign company be the investor of record for a project using the notification procedure?
A: Yes, subject to the own-use condition. A foreign legal entity cannot satisfy the own-use residential declaration, so it cannot use the 90 m² notification path for residential buildings. For commercial projects in the 500–1,000 m² range, foreign companies can use the simplified permit procedure without restriction, provided the submission documents are translated into Polish by a sworn translator.
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 dispute resolution. 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.