BIM law and regulation in Poland

1. Is BIM Relevant to me?

Currently, the use of BIM is not mandatory in Poland.

The implementation of BIM is mainly driven by the private sector. The BIM standards have already been adopted by the private sector, however their application is voluntary.

Currently 3D design software with the application of BIM technology is used in Poland in numerous linear projects (roads, bridges). However, work on implementing the relevant regulations and standards into the Polish legal system have already commenced. From the point of view of the public sector, the implementation of BIM into public procurement contracts seems most important, so that the State Treasury, as the main beneficiary, can achieve the greatest possible savings within public purpose investments. Undoubtedly, the main area of the BIM implementation is the construction industry.

The Polish Ministry of Infrastructure and Construction (MIC), assisted by the Public Procurement Office, has initiated a cycle of expert working meetings aimed at assessing and confirming the demand for the implementation of BIM into the Polish legal system, as well as an analysis of different potential scenarios for the implementation of BIM and gathering views, experience and good practices from different parties in respect of BIM.

Moreover, in the Polish Ministry of Infrastructure and Construction (MIC), as part of the Knowledge, Education, Development 2014–2020 Operational Programme, a project called “Strengthening the Legislative Potential Within the Scope of the Investment and Construction Process – Stage I” has been carried out since 2015. As part of the project, the employees of the Construction Department held a series of study visits, including to the United Kingdom, Sweden and Denmark, during which they gathered information on the experience of other European legislations as regards the implementation of BIM in the construction industry.

By the end of 2016, the Polish Ministry of Infrastructure and Construction plans to prepare an analysis that will cover issues related to the implementation of BIM, including, among other things, an analysis of Polish regulations from the perspective of the current possibilities of applying BIM technologies in the Polish construction industry, in particular as part of the investment projects performed by public investors, the specification of terms and conditions that allow for the implementation of BIM into public procurement contracts, the consequences of its implementation, potential costs as well as the industry’s readiness to apply BIM. The project team includes representatives of the scientific community, BIM practitioners with experience in applying BIM throughout the facility’s life cycle, economists and specialists in the application of quantitative and qualitative methods of data analysis.

Due to the need to implement the provisions of Directive 2014/24/EU, measures have been taken to implement BIM into investment processes in Poland. The Public Procurement Law, amended in this respect, recommends that BIM technology be applied while carrying out public procurement contracts in the area of construction investment projects, without expressly referring to the name of that technology.

The amendment of the Public Procurement Law, however, should be assessed as a milestone from the perspective of implementing BIM, as for the first time a different system of evaluating bids is introduced, allowing the investors to select the most favourable bid not only on the basis of its price, but also taking into consideration other parameters (among other things the quality, functionality, technical parameters, environmental, social and innovative aspects, servicing, the date of completing the contract and the operation costs) the quality of which may result from the application of BIM.

2. What do I need to do to my contracts to deal with BIM?

The investor must declare its intention to use the BIM technology at the tender procedure stage by means of including the BIM requirement in the Terms of Reference (SIWZ).

A relevant form of the construction contract should be developed, the shape of which would depend on the selection of one of the possible BIM models. If such models do not function in the Polish environment, it is possible to refer to models developed in other European countries which include the following:

  • entering into one multilateral contract, common for all participants to the investment project; or,
  • signing a typical contract for design works with additional attachments (documents) regulating the cooperation between all the participants to the investment process within the scope of BIM.

The BIM documentation should also include additional documents e.g. the BIM Protocol (see FAQ 5) or the BIM Execution Plan (BEP).

The BIM Execution Plan includes, among other things:

  • the composition of the basic group involved in the project;
  • information on the project and its participants;
  • the project objective and tasks;
  • cooperate coordination plan;
  • project stage description;
  • description of the modelling program;
  • a list of the planned models and their components;
  • data on the precision of the individual modelling phases;
  • model analyses plan;
  • spatial collision identification process plan;
  • plan concerning the update of component models for the final handover (the investor must receive the current As-Built model);
  • project cooperation plan;
  • list of target project cooperation formats and handover formats; and
  • coordination meetings procedure and handover dates

It is also important to include a relevant glossary, i.e. to both extend the definitions regarding BIM specifically and to introduce standardised classifications of construction terms compatible with the BIM computer software standards. This results from the necessity to integrate the terminology for the entire design and construction process so that each of its participants clearly understands what he/she receives from other participants and is aware of the items that are to be forwarded. Meanwhile, a uniform construction classification system that would be compatible with a detailed, abstract computer standard system for BIM processes currently does not exist in Poland.

One should also adopt a different definition of a general designer, whose role is declining, in favour of increasing the role of discipline-specific designers. Such designers should also be responsible for economic issues, i.e. meeting the target cost. Otherwise, the Architect would have to assume the responsibility of the discipline-specific designer for the economic evaluation of the designer’s solutions, i.e. installation solutions, which is practically impossible.

One solution would also be to engage the future Contractor to prepare the BIM model.

3. What are the standard form drafting bodies doing about BIM in their contracts?

The legislator’s intention was to impose an obligation on the President of the Public Procurement Office to publish exemplary forms of contract documents (Article 154 section 10 of the Public Procurement Law). However, so far, this initiative has been taken by the National Contract Forum (Narodowe Forum Kontraktowe). The National Contract Forum, as a non-governmental organisation, plans to establish an entity that would be responsible for creating and promoting sustainable contract forms, descriptions of the subject of the procurement contract and good practice for carrying out investment processes.

To date, however, no forms or standards have been created, for instance such as those drafted by FIDIC (Fédération Internationale Des Ingénieurs-Conseils) that are in general use in Poland with respect to investment contracts, in particular public contracts.

So far the plans for drafting model contract terms in accordance with the Integrated Project Delivery principles are only among the objectives adopted by social organisations (see FAQ 4).

4. What are the professional bodies (Architects/Engineers) doing about BIM in their appointments?

The BIM for Polish Investment Projects Association (plbim.org) started working on preparing recommendations for amendments within the scope of Construction Law and Public Procurement Law that would allow for the application of BIM technology in Polish infrastructure investment projects within the next two years. Such recommendations will include the adoption of the required standards, codes, classifications and norms, the development of education principles in higher education, training for all the required representatives of authorities and governmental agencies and, most of all, the promotion of benefits for all the participants in the investment process.

The statutory objectives of BIM for the Polish Investment Projects Association include the following elements:

  • the development of inter-discipline standards required to use BIM technology within the scope of issuing administrative decisions under Construction Law and Public Procurement Law.
  • the development of model contract terms on the basis of the IPD principles as an alternative for the popular Design and Build conditions or the institution of a Contract Engineer.
  • the development of the principles of applying, within the scope of carrying out construction investment projects, the Lean Construction methods and Agile Project Management methodologies.

BIM stirs extreme emotions in the design industry. The Polish Chamber of Architects, which performs the role of a professional corporation, loudly protests against the implementation of such technology. However, some Architects that are members of other organisations (e.g. the Association of Polish Architects (SARP)), support this initiative.

In 2015, the V4 BIM Task Group also started its activity in Poland (the Polish branch of the V4 Group forms a part of the Visegrad Group BIM Task Group). It is a social (expert) cooperation initiative of two scientific and technical organisations (SARP and the Polish Association of Engineers and Construction Technicians (PZITB)) as well as the Building Control Inspector General. The agreement signed by the above parties is aimed at:

  • making a joint effort to prepare drafts of legal regulations and submitting amendments and requests to the relevant authorities and institutions;
  • initiating scientific and research works concerning the design of civil structures; and,
  • determining the communication strategy to target groups.

The SARP and PZITB expert team presented the “General Assumptions of the Process of Implementing BIM in the Performance of Public Procurement Contracts for Construction Works in Poland”. On the group’s own initiative, a motion was submitted on the draft amendment to the Public Procurement Law. This included a provision stipulating that in the case of public procurement contracts for construction works or in the case of competition, the Employer should require the application of tools for electronic modelling of construction data or similar. It also suggested that a definition for “tool for electronic modelling of construction data” be introduced into the Public Procurement Law. Ultimately, the amendment of the Law only included a provision stating that “In the case of construction works contracts or competitions the Employer may require the application of tools for electronic modelling of construction data or similar tools” (see FAQ 1).

The Polish branch of the V4 Group also established very close cooperation with ICE, a British Engineering organisation.

Presently, the activities of the V4 BIM Task Group concentrate on the development of the classification standards recommended in Poland, on promoting activities and cooperation with local governments and state administration in the process of developing the principles of good practices and regulations concerning BIM.

The V4 BIM Task Group is also engaged in drafting background documents on the basis of British forms that will be further adjusted to the regional conditions of the V4 and in determining the principles of using BSI’s copyrights in the translation, adaptation and publication of documents such as BS and PAS documents.

5. What is the BIM Protocol?

In Poland, the BIM Protocol has not yet been standardised (like all other BIM-related issues). The assumption is that it should be attached to the contract as its bible or constitution that specifies all definitions, roles and requirements concerning the individual parties, the degree of detail of the projects, the procedures and cooperation assumptions.

The BIM Protocol drafted by the Employer also specifies the principles of exchanging information; the schedule and scope of the BIM model deliveries; and, describes the required level of detail. It is also anticipated that for the purposes of executing BIM new professions such as BIM Manager or BIM Coordinator will be established. The purpose of drafting the BIM Protocol is to enable the development of the BIM model for all stages of the investment project; to perform the integrated design assumptions; to define authorised users; and, to indicate the obligations of the parties as well as to define the schedule and the scope of supplies.

Currently, the New Technologies Committee (Komisja ds. Nowych Technologii – KNT) established in December 2015 at the Polish Engineers Association of Advisors and Experts (SIDiR) which cooperates with the V4 BIM Group, is involved in preparing a draft of the BIM Protocol for the Polish environment.

6. Where does the BIM Protocol sit in the hierarchy of contractual documents?

In principle, the tender documents are as follows (alternatively with a different order of significance):

  • terms of reference (SIWZ)
  • project documentation
  • technical specification for the performance and acceptance of the works
  • Contractor’s bid
  • contract for construction works.

The BIM Procotol will ultimately form a part of the Employer’s Terms of Reference (SIWZ) and become, in a sense, the constitution for the given investment project carried out as part of the BIM process.

7. Who can be the BIM Manager/Information Manager?

The BIM Manager is responsible for the flow of adequate digital information on the building between the parties to the process and is therefore a “guardian of quality”. Additionally, the BIM Manager’s role is to ensure the evaluation of the information obtained in terms of the costs, schedules and all necessary conditions, e.g. environmental or energy conditions.

Project-wise, a BIM Manager may be an Architect, a third party, a trusted person or a knowledgeable professional on the investor’s side. A BIM Manager should also be on the Contractor’s side; however, it can be one and the same person.

8. What do I need to do about insurance?

At this stage it is difficult to predict whether there will be a need for any modifications to current insurance arrangements schedules and all necessary conditions, e.g. environmental or energy conditions.

9. Do I need to be concerned about taking on any extra design liability?

At present, without any legal regulations, it is difficult to predict whether any additional liability is going to arise. Even though each Engineer or Contractor assumes liability for his/her part of the project in terms of the provided information, ultimately once such information is incorporated in one joint and complementary project, one person should be designated to analyse all the data and guarantee the compatibility and compliance with the Employer’s assumptions.

10. Will BIM affect my ownership rights in my design or data?

Multi-discipline components of the BIM model may appear a challenge for protecting copyrights. The model of the investment project is made up of several models that are combined by reference into one. Each person that carries out the work related to the given discipline-specific model is the holder of copyrights and retains such copyrights, as only the model in the IFC format, that is not subject to modifications, is provided for coordination and management purposes.

Such model is regarded as the one that functions best. The data exchange consists in the exchange of files which allow solely for the analysis of such data but not its editing. In any case, in order to ensure full protection, the amendment of the Copyright Law may prove to be necessary.

The issue concerning the ownership and authorship of the model itself consists in the fact that the ownership of the model is usually transferred to the investor (that will need it for the entire life cycle of the facility) while the components of the model are subject to the authors’ copyrights. Such provisions may be individually modified, however, in order to do so, it will be necessary to develop separate contract clauses, consistent with the spirit of IPD.

In accordance with the Copyright Law applicable in Poland, the given designers are the holders of the copyrights to the models (moral rights), while officially the investor may only acquire the rights to use the model (commercial copyrights) and only for a specific period of time.

11. What data do I need to ask the Contractor to provide?

Primarily, the investor must indicate the desired degree of detail in the developed BIM model. Additionally, the investor should decide on the given data exchange format (e.g. IFC).

12. What is the position re warranties/indemnities and is there any difference in a BIM project?

Presently, it is difficult to predict whether a necessity will arise to introduce different reservations; however, it is not excluded from the perspective of the potential changes to the division of liability (see FAQ 9).

13. Will BIM have any impact on planning and length of time required for construction projects?

Statistics show that the use of BIM technology in the design and performance of investment projects gives realistic chances of reducing the cost by as much as 20%, and the investment in BIM at the stage of carrying out the construction project gives on average a 20-fold return on investment.

Apart from the financial aspects, BIM also allows for saving a considerable amount of time and enables a reduction of the design phase by, on average, 7%.

14. How can I use BIM during the occupation phase of my building?

During the occupation phase of the building, projects completed with BIM technology ensure effective management of the building and its costs of use. Following the completion of the construction, the owner/administrator receives a tool in the form of a virtual replica identical to the actual facility (the so-called as-built model).

A number of facility management tools allow for importing databases such as the BIM models and the communication with augmented reality equipment and even direct automation control in intelligent buildings via the Internet in a multidimensional environment.

Information crucial for the purposes of building administration is implemented into the BIM management model. The model, in the form of an application for mobile devices, helps to find one’s way in the facility.

Significant information such as: links, access to an external database, service technician contact number, guarantee validity date etc. is attached to each element of the model. With the use of the model, one can almost automatically generate a list of equipment, office elements or the floor area.

The analyses performed to date have indicated that the implementation of BIM in facility management allows for savings as much as 50% of the building management costs.

15. Where can I find additional information about BIM?

Apart from the publications on the current status of BIM implementation that are available on the website of the Public Procurement Office and the Ministry of Infrastructure and Construction, the majority of information is available on the individual websites of discipline-specific non-profit organisations of Engineers and designers which support the implementation of such technology and include the following:

16. What will happen next?

The implementation of BIM technology in Poland is only at a very early stage. Therefore, it is difficult to predict progress in this area, the timeline and scope of the implementation allowing for a wide application of this methodology as well as the contract model that will be selected for the purposes of carrying out investment projects on the basis of BIM.