Architect - provision of cross-border services in Poland

Do you wish to work as an architect in Poland on a temporary and occasional basis? If you are a citizen of one of the EU Member States, Switzerland, Norway, Iceland or Lichtenstein and you have obtained your qualifications to practise the profession of architect in one of those countries, you need to submit a declaration on your intention to provide cross-border services in Poland. Read below to find out about the procedure.

How to proceed

What you should know and who can use this service

Who may provide cross-border services of an architect

You are entitled to provide cross-border services as an architect if:

• you are a citizen of one of the EU Member States, Switzerland, Norway, Iceland or Lichtenstein,
• you have professional qualifications of an architect and you legally practise this profession in another EU Member State

The declaration should be submitted before you start providing cross-border services for the first time in the territory of the Republic of Poland, and again every year in which you intend to provide such services. The attachments to the declaration are submitted only once, in the first year of your activity, provided that the facts they confirm have not changed.

The rules of providing cross-border services by EU citizens having professional qualifications of an architect have been specified in Article 20a of the Act of 15 December 2000 on professional self-governments of architects and civil engineers, and in the "Instructions concerning proceedings relating to cross-border provision of services" adopted by the National Council of the Chamber of Architects of the Republic of Poland.

What type of architect's services may be provided as cross-border services

Provision of cross-border services is evaluated by the relevant regional chamber of architects on a case-by-case basis, in particular with consideration of the duration, frequency, regularity and continuity of such services.

The Instructions issued by the National Council specify that cross-border services are treated as temporary and occasional if they are provided for as long as it is necessary to complete a single project and supervise its implementation.

When you should complete this procedure

Before you start providing cross-border services for the first time in the territory of the Republic of Poland and again every year in which you intend to provide such services.

Where you can complete this procedure

You can complete this procedure at:

• District Chambers of Architects

What to do step by step

1. Submit a declaration on your intention to provide cross-border services

Submit a declaration on your intention to provide cross-border services

Documents

Time limit

Before you start providing cross-border services for the first time in the territory of the Republic of Poland and again every year in which you intend to provide such services.

2. Verification of the declaration and its attachments

A verification team appointed by the regional council of the chamber of architects:

• verifies whether the documents attached to the declaration are complete and authentic,
• performs an evaluation of the intended services of the service provider in terms of their duration, frequency, regularity and continuity, in order to establish whether their nature is temporary and occasional;

and

• prepares a report from its actions and immediately presents it to the regional council of the chamber of architects.

If the declaration or its attachments are found to be incomplete, the regional council of the chamber of architects requests the service provider to correct them within the indicated time limit. If the service provider does not correct such defects within the indicated time limit, the National Council of the Chamber of Architects notifies the service provider that the declaration will not be further examined.

The regional council of the chamber of architects may request competent bodies of EU Member States to present information confirming that the service provider practises the profession of architect in a legal manner and that he/she has not been subject to any disciplinary sanctions or criminal sanctions related to his/her professional practice.

Time limit

14 days from the receipt of the documents.

3. Adoption of a resolution on the temporary entry in the register of members of the regional chamber of architects

Once it is verified that:

• the submitted documents are complete,
• there are no doubts as to the authenticity of the submitted documents,

and once it is determined that the nature of the intended services of the service provider is temporary and occasional, the regional council of the chamber of architects adopts a resolution on the temporary entry of the service provider in the register of members of the regional chamber of architects. The resolution and the related entry contain information on the validity period of such entry. Such resolution is delivered to the service provider.

If it is found that the nature of the intended services of the service provider is not temporary and occasional, the regional council of the chamber of architects adopts a resolution on the refusal to make a temporary entry in the register of members of the regional chamber of architects. Such resolution on the refusal is delivered to the service provider together with the justification.

Documents

Time limit

On the next meeting of the regional council of the chamber of architects following the receipt of the verification results.

4. Temporary entry in the register of members of the regional chamber of architects

Based on the resolution, the regional council of the chamber of architects within 3 days makes a temporary entry in the register of members of the regional chamber of architects. Such entry is free of charge and may not result in any restrictions or delays in the provision of cross-border services. The architect (service provider) is thus granted the right to provide cross-border services in Poland.

The regional council notifies the service provider in writing of the entry made, and informs him/her that the services must be provided while observing the provisions of law in force in Poland, in particular the provisions of the "Construction Law" Act and the Act on professional self-governments of architects and civil engineers.

The updated register of members of the regional chamber of architects (available on the website of the relevant chamber) should include the information that the entry concerning the service provider is temporary.

How much you will have to pay

The service is free of charge

How long you will have to wait

How can you appeal

The resolution of the regional council of the chamber of architects on the refusal to make an entry in the register of members may be appealed against to the National Council of the Chamber of Architects, within 30 days from the date of receipt of the resolution.

Good to know

Cross-border services and insurance

An architect providing cross-border services in Poland is not required to register his/her activity in the social insurance system. However, he/she must inform the relevant office of the Social Insurance Institution (ZUS) of his/her intention to provide cross-border services before such provision of services, and in the event of urgent cases - once the cross-border services have been provided.

Professional title

Citizens of EU Member States having professional qualifications of an architect or a civil engineer and providing cross-border services use their professional title granted in the Member State where they have obtained their professional qualifications.

If an architect's professional qualifications have been recognised in Poland, he/she may use the Polish professional title.

Re-submission of a declaration on the intention to provide cross-border services

A service provider who intends to provide cross-border services in the subsequent years after the temporary entry in the register of members of the regional chamber is made, submits the declaration again once a year, and if any circumstances confirmed with the previously submitted documents have changed, he/she should also submit the documents evidencing such change.

Removal from the register of temporary members of the regional chamber of architect

Once the validity period of the temporary entry in the register of members of the relevant regional chamber of architects ends, or if the required declaration is not re-submitted for the subsequent year, the regional council of the chamber of architects removes the service provider from its register.

Recognition of professional qualifications of an architect

The National Council of the Chamber of Architects may initiate a procedure for the recognition of professional qualifications of an architect who intends to provide cross-border services in Poland for the first time.

Additional information on the provision of cross-border services by an architect

The website of the Chamber of Architects of the Republic of Poland contains model forms and instructions concerning the procedure related to provision of cross-border services in Polish and in English.