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Why did the office stop your construction?

By Robert Nowosad, Managing Partner·August 28, 2024·5 min read

Last month, 14 investors around Lublin saw white summons from building supervision on their gates. A sudden halt of work is not only stress but real financial losses reaching 1,340 PLN for every day of heavy equipment downtime. Peace in the company returns only when you understand what formal errors gave the officials the basis for intervention.

The yellow board and the letter from PINB

Inspectors from the County Building Supervision Inspectorate in Lublin usually appear on Tuesdays or Wednesdays between 9:00 and 11:30 AM. Their visit is rarely a matter of chance. Most often, the basis is an external report. In 2023, our company Sarmatia Risk Control analyzed 53 such interventions, where the main reason was the lack of a yellow information board or its illegibility. Although it seems like a trifle, for an official, it's a signal that there is documentation mess at the construction site, which gives him the right to enter the site and check every detail of the reinforcement.

When an official finds irregularities, he issues a decision to halt the works. From that moment on, every brick laid on the wall is treated as a breach of law and carries a fine of 48,500 PLN. We saw a situation near Świdnik where an investor ignored the ban and tried to finish the roof over the weekend. The result? A criminal case and blocking the investment for 9 months. A concrete defense requires immediate securing of the construction log and having a survey of the facts performed by a licensed surveyor within 3 days.

It is worth remembering that a letter from the office is not a sentence, but a call for technical dialogue. The official must act within the limits of the Code of Administrative Procedure. If the decision lacks a specific legal basis or the description of the violation is unclear, we have 7 days to file a complaint. At SRC, we have been handling such cases since 2017 and know that offices often make procedural errors in haste. Pointing out such an error is the fastest way to resume work without having to pay a legalization fee.

The official must act within the limits of the law. If the letter is unclear, you have 7 days for an effective response.
The yellow board and the letter from PINB

Significant or insignificant deviation?

The biggest battle with the office is fought over the definition of 'significant deviation' from the design. Builders often decide on small changes to save on materials or improve the functionality of the interiors. For example, changing a window's location by 32 centimeters may be considered an insignificant change as long as it doesn't affect the building's impact zone. However, if this window now faces the neighbor and is 2.8 meters from the boundary instead of the required 4 meters, we have a serious legal problem and guaranteed downtime.

In Lublin and the surrounding area, building supervision is particularly rigorous about building heights. Raising the ridge by 47 centimeters to create more space in the attic is a classic reason for halting construction. In such a case, the office imposes an obligation to prepare a replacement design. The cost of such a study is usually from 4,200 PLN to 8,600 PLN, and the waiting time for acceptance by the office is another 64 days. During this time, the rented equipment stands idle, and the construction crew looks for another job.

The key to success here is a quick designer's opinion. If we can prove that the change does not violate technical and building regulations, we can apply for a change of decision without stopping the entire work. In March 2024, we helped a developer from Lublin where the office found an incorrect driveway slope. Thanks to quick intervention and providing calculations in 4 days, construction was halted only on the selected section, and the rest of the work could continue according to schedule.

Significant or insignificant deviation?

Hidden costs of a halted investment

Few people count the real costs of downtime, focusing only on the stress. Meanwhile, renting a JCB 3CX backhoe loader in our region costs about 140 PLN per hour. Even if the equipment is standing, you often pay so-called 'standby'. With 11 days of forced time off, the loss on the equipment alone exceeds 12,300 PLN. To this are added interest on the investment loan. With typical financing at the level of 450,000 PLN, every month of delay is an additional 3,850 PLN in interest alone, which doesn't build your property.

Another cost is the flight of specialists. A good masonry crew has dates booked 6 months in advance. If construction stops for 3 weeks, the crew boss moves people to another site to avoid losing earnings. The return of the same team to your site may not happen for another quarter. We call this phenomenon 'the cost of lost continuity'. It often forces the investor to look for a new company 'on the fly', which ends in labor price increases of an average of 19% and a drastic drop in quality.

We cannot forget about material degradation. An open construction without a roof, halted in the autumn period, is a direct path to moisture in the ceilings and mold on the walls. Drying a building after 2 months of downtime costs from 6,700 PLN upwards. That is why at Sarmatia Risk Control we emphasize that appeal procedures start immediately. Our record was overturning a decision to halt work in 13 business days, which saved the client from having to re-purchase insulation materials.

A day of downtime is not just time. It's an average of 1,340 PLN loss in your pocket.
Hidden costs of a halted investment

Step-by-step procedure for resuming work

To return to the construction site, you must go through the repair procedure set by PINB. The office sets a deadline, usually from 30 to 60 days, to remove the identified irregularities. The first step is to prepare an inventory of the work performed. This must be done by a person with building qualifications. This document must show exactly where the actual state differs from the project. Remember not to hide anything from your representative — officials will find it anyway during a re-inspection.

The second step is to obtain a technical opinion or a replacement design. If the office has found a threat to human safety, the matter becomes serious. In 2022, we had a case where incorrectly made lintels could have led to a catastrophe. Thanks to cooperation with a structural engineer, we developed a reinforcement system within 8 days that was accepted by the office. Instead of demolishing half a floor, the client performed corrections for 4,300 PLN and was able to continue construction under the supervision of SRC.

The final stage is filing an application for permission to resume work. This is the moment when the official checks if all points from the decision have been checked off. In Lublin, this process takes an average of 22 days from the date of submitting the set of documents. It is important that the application is error-free. Even a typo in the plot number can set the case back another 14 days. We check every document three times before it reaches the inspector's desk, because we know that offices don't wait for corrections.

Step-by-step procedure for resuming work

How to avoid problems in the future?

The best defense is prevention and order in papers from day one. The construction manager should enter work progress at least once every 4 days. If you plan any change to the design — even if it seems trivial to you, like swapping a window for a smaller one — consult with the designer. An entry in the log about an 'insignificant deviation' approved by the designer is your shield during an inspection. Without this entry, you are at the mercy and whim of the official's interpretation.

At Sarmatia Risk Control, we offer an audit of construction documentation, which we perform in 48 hours. We check if all contracts with subcontractors are secured and if the construction log does not contain gaps. Such a service costs a fraction of the legalization fee, which for illegal construction of a single-family house starts at 50,000 PLN. Peace in a construction company depends on whether you can anticipate the official's questions before he even asks them.

Construction in the Lublin region is developing dynamically, but regulations are becoming increasingly complex. Don't leave official matters until the last minute. If you see that an inspection is inevitable, or worse — it has already taken place — stop acting blindly. The end of stress with inspections starts with a reliable legal analysis. We have been operating since 2017 and have led 156 entities through disputes with offices, always focusing on concrete facts, not empty promises.

How to avoid problems in the future?