🔹 Starting the operation of a biogas plant is possible through:
Notification of the completion of construction works and no objection from the construction authority 📄
Obtaining an occupancy permit for the biogas plant 📑
🔹 The choice of procedure depends on the technical parameters of the biogas plant:
Permanently attached to the ground, enclosed by building partitions, has foundations and a roof – an occupancy permit is required 🏢
Not classified as a building – a notification of construction completion is sufficient, provided the authority does not object 🚧
🔹Judicial Standpoint: Biogas plants typically do not require an occupancy permit, as they are not considered buildings under the Building Law Act (u.p.b.) 📜
🔹 Procedure for Notification:
Notify the County Building Supervision Inspectorate about the completion of construction 🏗️
If there is no objection from the authority within 14 days of the notification, the operation of the facility can begin ✅
🔹 Elements of the Notification:
Information: Investor details, designation of the building supervision authority, building permit decision, property designation 🏠
Attachments: Original construction logbook, technical project, statements, inspection and testing protocols, permit decisions, geodetic documentation, acceptance confirmations, certificates, copies of drawings, power of attorney 📚
🔹 Procedure:
The authority conducts a formal review of the application 🧐
Objection can be raised if the facility does not comply with the building permit 🚫
Issuance of a certificate of no grounds for objection within 14 days allows the operation to start 📄
🔹 Processing Time: 14 days ⏳
🔹 Fees:
Notification is exempt from stamp duty 💸
Fee for power of attorney: 17 PLN 💵
🔹 Appeals:
Appeal to the Provincial Building Supervision Inspector within 2 weeks of the decision 📬
Option to file a complaint to the Provincial Administrative Court and the Supreme Administrative Court ⚖️
🔹 Electronic Application:
Notification can be submitted electronically through the e-Budownictwo portal 💻
2. Occupancy Permit
🔹 Required For Biogas Plants Qualified as Buildings or in Cases of:
Intention to use part of the biogas plant before completing all construction works 🏢
Legalization of unauthorized construction 🚧
🔹 Purpose of Decision:
To verify the compliance of the biogas plant with the building permit and its suitability for use, including conducting a mandatory inspection of the investment 🔍
🔹 Application Elements:
Information: Investor details, designation of the building supervision authority, building permit decision, property designation 📝
Attachments: Original construction logbook, technical project, declarations, test and inspection protocols, permit decisions, geodetic documentation, acceptance confirmations, copies of drawings, administrative fees, powers of attorney 📑
🔹 Procedure:
Notification: Notification of completion of construction and intention to commence use 🏗️
Inspection: Inspection by building, sanitary, and fire authorities 🔍
Mandatory Inspection: Mandatory inspection by the building supervision authority within 21 days of receiving the notification 🛠️
Issuance of Decision: Issuance of an occupancy permit after a successful inspection 📜
🔹 Duration of Procedure:
1 month, or up to 2 months for particularly complex cases ⏳
🔹 Fees:
Administrative fee for issuing the occupancy permit: 38.75 PLN 💰
Fee for power of attorney: 17 PLN 💵
🔹 Appeals:
Appeal to the Voivodeship Building Supervision Inspectorate within 2 weeks of the decision 📬
Option to file a complaint with the Voivodeship Administrative Court and the Supreme Administrative Court ⚖️
🔹 Electronic Application:
Option to submit an occupancy permit application electronically via the e-Budownictwo portal 💻
Summary
Commissioning a biogas plant requires either notifying the completion of construction work 🏗️ or obtaining an occupancy permit ✅, depending on the classification of the facility. Notification is faster 🚀 and exempt from treasury fees 💸, whereas a permit requires an inspection 🔍 and a fee of 38.75 PLN 💰. Both procedures can be carried out electronically via the e-Construction portal 💻.
Comments