Dismantling of construction – between the public interest and the social need
Dismantling of construction – between the public interest and the social need

Summary/Abstract: In the context of a growing dynamism of social relations and the need for the right to evolve at the same pace as the development of society, one of the acute problems is to solve those situations arising from an initial failure, culpable or not, to comply with a rule of law. This is the case for constructions built on the private domain of natural or legal persons, without a building permit. The current normative provisions establish not only the possibility of their authorisation post factum, but also the right of the authority that finds the violation of the legislation of the construction discipline to request their abolition. However, the internal rules shall be interpreted by reference to the protection conferred by Article 8 of the European Convention on Human Rights (in terms of protecting the right to home/housing), respectively, by Article 1 of Protocol 1 of the same Convention, on the protection of property. At the same time, we note the evolution of the case-law of the European Court of Human Rights, which recognised the prevalence of elements of environmental protection, from which a wide category of citizens benefit, to the detriment of individual rights, with certain limitations only as regards the very substance of the right to property. At the internal level, through legislative and judicial amendments, we find a transposition of the elements of European law, including the objective of safeguarding the construction, if it complies with the "fund" requirements, i.e. environmental requirements, quality in construction, etc. The draft urban planning code is clearer in this respect, introducing novelties, such as the regularisation permit (for certain types of construction, small scale) and special regulations in the case of constructions whose authorisation has been annulled.

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