Time is running out at the CEEB! There will be no extension of time!

In accordance with the regulations in force, all managers and owners of residential and non-residential buildings with heat sources are required to file a declaration relating to heat sources and the combustion of fuels in the CEEB by June 30, 2022. This applies to heat sources that were put into operation before July 1, 2021. In turn, for heat sources that were put into operation after July 1, 2021, the declaration must be submitted within 14 days from the start date of the heat source. If the heat source changes, it is necessary to update the declaration within 14 days from the date of the change. Failure to submit the declaration on time may expose building owners/managers to a fine of up to PLN 500. In the event of a court decision, the fine may increase to PLN 5,000.

As of May 25, 2022 and data provided by the General Works Supervision Office (GUNB), the CEEB has already received 3,778,164 declarations on heat sources. By the end of June, the database should contain information on around 5 million buildings, which means that the database is already around 75% full.

Is there a plan to extend the filing deadline?

Getting the base to 75% full a month before the deadline is quite a promising result. It should be added that the dynamics of submitting applications has recently accelerated considerably. A group of Law and Justice MPs are concerned, however, that not everyone who is required to file a statement is able to do so within the prescribed time limits. In an interpellation addressed to the Ministry of Development and Technology on April 22, 2022, they ask whether the extension of the deadline for filing the declaration is envisaged.

As Waldemar Buda – Minister of Development and Technology pointed out in response to this question, the deadline for submitting a statement on the heat source used or fuel combustion is legal deadline. It was introduced under the law of October 28, 2020 (Journal of Laws of 2020, item 2127) modifying the law of support for thermo-modernization and renovation and some other laws.

Considering that the submission of the declaration in the CEEB’s ICT system was possible from July 1, 2021 (such a deadline was already announced on March 30, 2021), and that the deadline for submitting it is July 1, 2022, this means that building owners and managers had to make a declaration all year. Therefore, no extension is planned. Moreover, changing it would not be so simple…

The legislator has created such a deadline which allows each obliged entity to submit a declaration. It should also be borne in mind that this 12-month period for filing a declaration is a material and legal period provided for by law, which cannot be shortened or extended (neither by decision of the authority nor by party declaration/application). It can only be modified if the act which introduced it is modified. – we read in Waldemar Buda’s answer

To change the date, it would be necessary to modify the law on aid for thermo-modernization and renovation.

Failure to report – will there be consequences?

As mentioned earlier, failure to submit a statement may result in a fine of up to 500 PLN or a fine of up to 5000 PLN if the case goes to court. As we read in the Minister’s response, it turns out that the deadline will not be extended also because these sanctions do not constitute unconditional heavy burdens for people who do not submit their declarations on time.

The penal provisions, that is to say art. 27h of the law, have been constructed in such a way that they do not create an automatic obligation to sanction persons who have not submitted the declaration within the required time. The solution introduced is to exercise a preventive and disciplinary function against those required to make statements, although it is not intended to unconditionally punish those who have not made such a statement. – we read in Waldemar Buda’s answer

As we read below in response to the interpellation, s. 27 h of paragraph 1. 2 of the law provides that failure to meet the deadline does not constitute grounds for the automatic application of criminal sanctions, which therefore depended on the knowledge by the authority of the offense in question.

What does this mean in practice? If the statement is not submitted, and the building owner or manager will submit the so-called active regret and they will submit a statement after the deadline, but before the steward receives information about the violation, exceeding the deadline will have no consequences.

Why was the CEEB launched?

The purpose of the CEEB is to collect data on the sources of heating in our homes. The basis is to enable the effective adjustment of modernization programs, as the administration has so far used estimates. The CEEB will contain information on buildings in the field of sources of electricity, heat and district heating, and on the combustion of fuels with a nominal thermal output of less than 1 MW. The registers also contain information on state aid granted in the field of thermal modernization and replacement of boilers. Thanks to the database, the fight against smog in Poland could prove to be more effective.

Source: GUNB, Sejm

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