A German developer finalising site acquisition in Mazowieckie receives word from its Warsaw project manager: the building permit application submitted under the old procedure is now invalid. The 2025 amendments to Polish construction law have reset the procedural clock. Resubmission means weeks of delay – and a construction start date that no longer holds.
Poland's Prawo budowlane (Construction Law) underwent significant procedural reform in 2025, reshaping how building permits are obtained, extended, and challenged. The amendments raise the threshold for simplified notification procedures, shorten the period within which authorities must issue decisions, and introduce new digital submission requirements through the e-Budownictwo platform. Developers and investors who fail to align their applications with the updated rules risk permit invalidity, automatic rejection, and project delays that may trigger contractual penalties.
This alert covers three areas: what changed in the 2025 procedure, who is directly affected and at which thresholds, and the immediate steps your project team should take before submitting or continuing any permit application in Poland.
What did the 2025 amendments change in the Polish construction permit procedure?
The core change is procedural acceleration paired with stricter formal requirements. Under Polish construction legislation, the competent authority – the Starosta (District Governor) for most projects, or the Wojewoda (Regional Governor) for larger infrastructure – must now issue a building permit decision within 45 days of receiving a complete application. Previously, the standard period was 65 days. Missing that window triggers automatic silence-of-administration rules, which are treated as a positive decision but expose the authority to supervisory challenge by the Chief Inspector of Construction Supervision (Główny Inspektor Nadzoru Budowlanego, GINB).
The 2025 amendments also restructured the notification procedure. Buildings with a footprint up to 70 square metres – previously subject only to a simple notification – now fall under a lighter-touch permit-by-notification track that requires a technical design summary but not a full architectural design. Projects exceeding 70 square metres but below 500 square metres must still obtain a standard permit. This distinction matters: misclassifying a project as notification-only when a full permit is required renders the commencement of works illegal under Polish construction law, exposing the investor to a construction stop order and a fine of up to PLN 50,000.
Digital submission through the e-Budownictwo platform became mandatory for all commercial permit applications from 1 January 2025. Paper submissions are no longer accepted for projects involving legal entities. The National Court Register (Krajowy Rejestr Sądowy, KRS) extract confirming the applicant's legal standing must be attached in a qualified electronic signature format. Authorities are required to reject incomplete digital packages within 7 days, restarting the 45-day clock only upon resubmission of a corrected file.
We secured a reversal of a construction stop order for a logistics developer in Mazowieckie (autumn 2025), where the original application had been submitted in paper form by a corporate entity after the digital mandate took effect. The project had been halted for 11 weeks before the procedural error was corrected and the permit reissued.
Who is affected – and what are the critical thresholds?
The 2025 changes affect every investor, developer, and contractor operating in Poland, but the practical impact varies sharply by project type and scale. Three categories carry the highest procedural risk.
Foreign investors acquiring land or commercial property in Poland face the most immediate exposure. If a share deal or asset deal closes on a site where a permit application was filed before 1 January 2025 under the old procedure, the incoming owner inherits an application that may not comply with the new digital and design requirements. A permit issued on a defective application can be declared invalid by the GINB for up to 5 years after the decision date. That window is long enough to affect financing, lease commencement, and exit timelines. Investors considering Polish acquisitions should review our analysis of share deal vs asset deal structures to understand how permit risk allocates between buyer and seller.
Commercial developers working with FIDIC-based construction contracts face a secondary risk. Standard FIDIC Red Book and Yellow Book forms treat a valid building permit as a condition precedent to the Engineer's notice to commence. If the permit is delayed beyond 45 days due to a formal defect – or is challenged by a third party within the 14-day objection window – the contractor may claim an extension of time and additional cost. FIDIC disputes arising from permit delays are increasingly common in Poland, particularly in the warehouse and logistics sector.
Smaller developers and individual investors working near the 70 square metre threshold must now document their classification decision. If the District Governor reclassifies a notification project as requiring a full permit, the investor has 14 days to submit a compliant application or face a stop order. We obtained interim protection for a residential developer in Małopolska (spring 2025) whose notification for a 68 square metre structure was challenged by an adjacent landowner, arguing the actual footprint exceeded the threshold. The dispute delayed the project by 8 weeks.
Tenants negotiating commercial leases where fit-out works require permits should also review lease terms carefully. Our guide on office lease review for international tenants addresses how permit risk should be allocated in lease agreements. Separately, foreign nationals buying property in Poland – particularly those from outside the European Economic Area – should note that permit timelines now affect the validity of purchase conditions in preliminary agreements. Our detailed guide on buying property in Poland as a Netherlands national explains how permit conditions interact with notarial purchase agreements.
What should you do immediately?
The 2025 procedural changes require prompt action across three fronts: applications already in progress, new applications being prepared, and projects where construction has started under a pre-2025 permit.
- Audit all pending permit applications submitted before 1 January 2025 – confirm whether resubmission in digital format is required.
- Verify project footprint classification against the 70 square metre and 500 square metre thresholds before choosing the procedure.
- Attach a current KRS extract with a qualified electronic signature to every new corporate application.
- Track the 45-day decision window from the date of confirmed complete submission – calendar the objection period expiry 14 days after the decision.
- Review FIDIC contract force majeure and extension-of-time clauses to confirm permit delay is covered.
Projects already under construction under a permit issued before 2025 are not automatically affected. However, if the permit is subject to a pending administrative challenge – including a challenge filed within the 5-year invalidity window – the investor should obtain a legal opinion on the risk before committing further capital. A construction stop order issued mid-project is one of the most disruptive outcomes in Polish real estate development, and it is not reversible without either curing the underlying defect or winning an administrative appeal.
Specific situations require tailored assessment. A project that straddles two administrative districts, or involves a change of use alongside new construction, may require two separate permit tracks running in parallel. The 45-day clock runs independently for each. Missing one deadline while the other proceeds can leave a project legally incomplete even after works are finished.
For a tailored strategy on construction permit compliance and risk allocation, reach out to info@kordeckipartners.com.
Frequently asked questions
Q: Does the 45-day deadline apply to permit amendments as well as initial applications?
A: Yes. Under Polish construction legislation, applications to amend an existing building permit are processed under the same procedural rules as initial applications, including the 45-day decision window. The clock starts from the date the competent authority confirms the application is formally complete. Incomplete amendment applications are rejected within 7 days, and the period restarts only upon resubmission.
Q: Can a building permit issued under the old procedure still be used to commence construction in 2025?
A: A permit issued before 1 January 2025 remains valid provided it has not been challenged and the works commenced within 3 years of the permit becoming final. The 2025 amendments do not retroactively invalidate permits already issued. However, any modification to the scope of works requires a new amendment application under the updated procedure, including digital submission.
Q: What is the cost of obtaining a building permit in Poland, and have fees changed?
A: Administrative fees for building permits in Poland are set by the Code of Administrative Procedure and vary by project type. For commercial projects, the stamp duty (opłata skarbowa) is typically PLN 539 per decision, with additional fees for each separate structure. The 2025 amendments did not change the fee schedule, but the cost of compliance – including qualified electronic signature infrastructure and updated technical documentation – has increased for corporate applicants.
About KORDECKI & Partners
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 real estate, construction, and infrastructure matters. We work with Polish entrepreneurs, foreign investors, and in-house legal teams on permit procedures, FIDIC disputes, commercial lease negotiations, and property acquisitions. 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.