Poland clarifies mobile base stations as technical equipment, not buildings, ending legal disputes and streamlining permitting.
The End of Legal Ambiguity
Before recent reforms, administrative bodies and courts often presented conflicting interpretations of construction law. The key issue was whether installing a base station on an existing structure required a construction permit or should be treated as installing technical equipment, which under Article 29(3)(3)a and Article 29(4)(3)a of the Construction Law, does not require a permit.
Some rulings classified a base station on an existing building as a forming a technico-functional whole and thus a separate structure. Conversely, replacing or installing new antennas on existing base stations—whether freestanding or building-mounted—was often deemed an extension or reconstruction requiring a permit. Public administration bodies and administrative courts denied the use of the simpler notification procedure, arguing Article 29 of the Construction Law only applied to construction equipment as defined in Article 3(9).
Clear Legal Classification
A key element of the reform is the explicit determination that a mobile base station is a technical installation—a radio communication facility—which can be installed on structures either via notification or without any obligation to notify. This wording eliminates practical discrepancies in treating base stations as structures. The legislator confirmed the possibility of using the simplified procedure under Article 29(3)(3)a and Article 29(4)(3)a of the Construction Law for base stations on existing structures.
Height-Based Permitting Thresholds
The legislator introduced strict height thresholds for installations on existing structures, determining the investor’s obligations. For a base station up to 3 meters, there is no requirement for a construction permit or notification. If a base station exceeds 3 meters but is not taller than 12 meters, the investor must notify the construction works. A construction permit is required for installations exceeding 12 meters.
Simplified Environmental Compliance
The changes to the Construction Law repealed a provision requiring investors submitting a construction permit application for radio communication installations to include a declaration from a designer confirming the installation is not a project significantly affecting the environment. This change reflects that, under current law, radio communication installations are not covered by the regulation on projects significantly affecting the environment.
Maintaining Environmental Protections
It is crucial to note that deregulation in construction law does not exempt investors from environmental protection or spatial planning obligations. Investors remain subject to limits on permissible electromagnetic field (EMF) levels, the obligation to measure EMF levels around the installation, and compliance with local spatial development plans. This ensures the Construction Law focuses on technical and construction aspects without duplicating regulations from other legal branches, making the changes coherent, proportional, and beneficial for infrastructure investment.
Accelerating Infrastructure Development
The new regulations should shorten administrative procedures, eliminating the risk of lengthy court disputes over the procedure (notification vs. permit). The clear classification of a base station as a technical installation will enable faster development of mobile network infrastructure, particularly 5G, while maintaining safety and environmental protection.
