New obligation of owners and managers of residential and non-residential properties

Authors: Michał Cwajna, Jagoda Dubielecka

 

Pursuant to the new Art. 27g of the aforementioned Act, the declaration concerns heating sources, as well as fuel combustion sources, which means a part of the fuel combustion installation being a stationary technical device in which fuels are oxidized in order to produce energy with a nominal thermal power of less than 1 MW, with an exclusion of installations requiring an integrated permit or a permit for introducing gases or dust into the air.

 

In the case of new heating sources or combustion sources created after 1 July 2021, there is a 14 days term for submitting the declaration. In case of sources created earlier the terms is 12 months from 1 July 2021.

In order to complete the declaration, the following data should be provided:

1. name and surname or name of the owner or manager of the building or premises and the address of the place of residence or registered office;

2. address of the real estate within which a source of heat or a source of fuel combustion is operated;

3. telephone number of the owner or manager of the building or premises (optional);

4. e-mail address of the owner or manager of the building or premises (optional);

5. information on the number and type of heat sources or fuel combustion sources operated within the real property, as well as their purpose and the fuels used in them.

The declaration can be submitted traditionally, in paper form, or electronically via the CEEB ICT system.

In the case a building/premises has more than one source of heat, a single declaration should be submitted. Therefore, the owner or manager is obliged to declare all sources of heat and fuel by indicating their number, type, purpose and fuels used.

In case of buildings/premises with joint ownership of property, the so-called joint and several liability applies (in Polish: odpowiedzialność solidarna). In case the declaration is submitted by one of the co-owners, the obligation is deemed to have been fulfilled.

 

No penalties are foreseen for incorrect data input, however, their correctness is checked and verified. It takes place in the course of activities carried out by the so-called authorized persons who perform an inventory of the building and are authorized to enter data and information into the register, their modifications and additions. It applies i.a. in case of:

1. performing some of the inspection referred to in the Act of 27 April 2001. - Environmental Protection Law;

2. carrying out inspection activities, in accordance with the Act of 13 September 1996 on maintaining cleanliness and order in municipalities (municipal waste management, discharge of liquid waste);

3. inspecting the emission of gases and dust into the air by the entrepreneur

4. inspecting chimney ducts (smoke, fume and ventilation ducts).

In the event of failure to file a declaration, the owner or manager can be fined for misdeameanor in the basis of the Code of conduct in misdemeanor cases. Nevertheless, the owner or the manager can voluntary disclose the lack of filing, and avoid and avoid negative consequences if a declaration is filled before the appropriate office notices the lack.