Commencing the operation of a biogas plant can be done in two ways:
📝 Notification of completion of construction and no objection from the building authority
🏢 Operational permit – if required.
The choice of procedure depends on whether the biogas plant qualifies as a building (permanently attached to the land, with foundations and a roof) or a structure. If classified as a structure, a notification is sufficient.
👉 According to case law (Supreme Administrative Court, April 7, 2021), most biogas plants do not require an operational permit, as they are not considered buildings under construction law.
In all cases, a thorough analysis of the technical parameters of the biogas plant is recommended to determine the correct procedure 🔍.
Notification of Completion of Biogas Plant Construction 🏗️📄
After completing the construction of a biogas plant, it can be put into use if the District Building Supervision Inspectorate does not raise any objections within 14 days of the notification being submitted.
Key elements of the notification 📝:
Investor and property details 🏡
Building permit decision 📑
Attachments, such as the construction log, site manager's statement, test reports, and geodetic documentation 📂
Procedure ⏳:
The authority verifies if the construction complies with the project.
If no objections are raised within 14 days, the biogas plant can be used. In some cases, the authority issues a certificate of no objection.
Costs 💸:
The notification is exempt from fees; only the power of attorney costs 17 PLN.
Appeal 📨:
You can appeal the decision to the Provincial Building Supervision Inspector, and then to the administrative court.
Online submission 💻:
The notification can be submitted via the e-Budownictwo portal.
Permit for the Use of a Biogas Plant 🏢✅
A permit for the use of a biogas plant is required when it is classified as a building. This also applies when the investor wishes to use part of the biogas plant before completing all construction work, or in cases of legalizing unauthorized construction.
When is the permit required? 📜
After completing construction work that required a building permit.
If the investor wants to use only part of the facility.
For legalizing unauthorized construction.
Key elements of the application 📝
Investor and property details.
Declarations from the site manager, technical documentation, and inspection reports.
Original construction logbook and other attachments.
Procedure ⏳
The investor notifies the building inspectorate, the Sanitary Inspection, and the fire department.
These authorities have 14 days to issue their opinions.
Before granting the permit, the building inspectorate conducts an inspection within 21 days.
After a positive inspection, the permit is issued.
Costs 💸
Permit fee: 38.75 PLN.
Power of attorney fee: 17 PLN.
Process duration 📅
Typically: 1 month, complex cases: 2 months.
Appeal 📨
Appeals can be made within 2 weeks of receiving the decision.
Online submission 💻
The application can be submitted via the e-Budownictwo portal.
Summary♻️🏗️
The commencement of biogas plant operations can follow one of two procedures: by submitting a notice of construction completion or obtaining a permit for use. The choice of procedure depends on whether the facility is considered a structure or a building.
🔔 Notice of Construction CompletionIf the biogas plant is not classified as a building, a simple notification to the relevant authority is sufficient. If no objection is raised within 14 days, the plant can begin operations.#BiogasPlant #Notification #BuildingControl
📄 Permit for UseFor biogas plants classified as buildings, a permit for use is required, especially if only part of the plant will be operational or if unauthorized construction is being legalized.#Permit #Construction #Operations
🛠️ Inspections and ProceduresSubmitting a notification or application involves a mandatory inspection to ensure the facility meets project specifications and is safe to operate. A permit is issued only after a successful inspection.#BuildingInspection #Safety #Construction