Consequences of sending a building and land development permit decision to a deceased person who is not an investor Cover Image

Konsekwencje skierowania decyzji o warunkach zabudowy i zagospodarowania terenu do osoby zmarłej niebędącej inwestorem
Consequences of sending a building and land development permit decision to a deceased person who is not an investor

Author(s): Tomasz Brzezicki, Łukasz Przystupa
Subject(s): Civil Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: decisions on building permit conditions; delivery of documents; death of any party involved; resumption of the proceedings; annulment of the decision;

Summary/Abstract: The decision on building and land development conditions is of key importance for the investment process. In the absence of local spatial development plans, the investor can’t proceed with further developments. The efficiency of the delivery of the outcome determines the entire investment process, the effectiveness of the decision delivery process will determine how quick the investor can start construction on their investment. This article will discuss the consequences of delivering such a decision on the land development conditions to a deceased person who is not an investor. Is it problematic and are the consequences of delivering such a decision different in a situation where the deceased party involved in this procedure is not an investor, compared to the situation where the deceased person is the investor. When analysing the presented problem, we used the dogmatic method, focusing mainly on the analysis of the views of the judicature and the practical consequences of delivering the decision to the deceased. Considering this situation, although it only concerns decisions on building permit conditions, it may also be applied to other decisions issued in the investment process.

  • Issue Year: 2021
  • Issue No: 54
  • Page Range: 77-90
  • Page Count: 14
  • Language: Polish