What is a public building? Definition
The term "public building" refers to facilities that meet common social needs and are potentially accessible to everyone. The distinguishing features of this concept are easement and general availability. Its definition is contained in the Regulation of the Minister of Infrastructure of April 12, 2002 on the technical conditions to be met by buildings and their location. Section 1, § 3, point 6 of the Regulation indicates that a public utility building is:
"[...] a building intended for the needs of public administration, justice, culture, religious worship, education, higher education, science, upbringing, health, social or welfare care, banking, trade, catering, services, including postal or telecommunications services , tourism, sports, passenger service in rail, road, air, sea or inland waterway transport, and any other building intended to perform similar functions; an office or social building is also considered a public utility building .
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Is an office building a public utility building and what does that mean?
According to the definition given above, an office building can most definitely be considered a public utility building. Freedom to choose a place of work is a universal value guaranteed by the Constitution of the Republic of Poland. It is therefore not surprising that office premises should be treated as potentially available to everyone.
This means that they must meet the requirements for public buildings. Provisions in this regard can be found in various legal acts (including the above-mentioned Regulation, the Construction Law and the Spatial Planning and Development Act, and the EU Directive on the energy efficiency of buildings and the Building Directive).
Types of requirements that a public office building must meet
Like other public buildings, office buildings must meet many requirements in areas such as:
- Fire safety . The requirements include, among others: installation of fire protection systems or materials with an appropriate reaction to fire class.
- Structural safety . Especially in terms of movement, deformations and stresses of structure elements, for example under the influence of snow on the roof.
- Energy saving . Including an energy certificate that specifies the energy class of the facility and requirements for thermal insulation, heating, ventilation and lighting systems;
- Accessibility for people with disabilities . Includes, among others: providing adapted driveways, ramps, lifts and toilets.
- Other solutions that influence people's comfort . These include, for example, the minimum height of rooms, the appropriate number of toilets, and the air temperature.
- Compliance with the spatial development plan .
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FAQs:
How to check if a building is recognized as a public utility?
To determine whether a building is considered a public building, its function should be compared to the definition contained in the Regulation of the Minister of Infrastructure, verifying whether the facility is publicly accessible and meets needs, such as administrative, educational, or office space. It's also worth consulting the design documentation or the occupancy permit, where the building's classification is formally confirmed. The ultimate proof is the provision of public services in the building, such as banking, catering, or retail, which, according to the regulations, determines its status, regardless of whether the owner is a public entity.
Does every office building have to meet accessibility standards for people with disabilities?
Meeting accessibility standards for people with disabilities is an absolute requirement for public buildings. Because office buildings are places of work and service, regulations exclude architectural barriers, requiring the installation of appropriate ramps, wide circulation routes, elevators, and accessible restrooms. This applies to both new investments and the modernization of existing buildings to ensure full inclusivity in accordance with building codes, which is directly linked to respect for constitutional rights.
Can a private company operate in a public building?
A private company can operate in a public building, as the term refers to the facility's function, not its ownership structure. Many categories, such as retail, restaurants, and banking, are defined by law as private sector businesses, so private office buildings and shopping malls are considered public buildings under the law. The key considerations here are easements and public accessibility, not whether the owner is the State Treasury or a private investor conducting business activities that pursue public goals.
Is it possible to change the purpose of an office building?
When considering whether to change the intended use of an office building, it is necessary to consider both the Local Spatial Development Plan and the technical requirements for the new function. Converting an office building into a residential building, for example, involves a complex procedure requiring verification of compliance with local plans and meeting standards such as solar exposure, thermal insulation, and ceiling load-bearing capacity. Any such modification requires notification or a new building permit to ensure safe use consistent with the new character of the building.
Who controls the technical requirements of public buildings?
The basic organs are:
• District Building Inspectorate, verifying compliance with the design;
• The State Fire Service, which strictly controls fire protection systems.
In terms of hygiene and sanitary conditions, supervision is carried out by the Sanitary Inspectorate, while energy efficiency issues are verified by auditors when preparing energy performance certificates, which must be periodically updated.