Commencement of construction works before obtaining the final decision on the building permit Cover Image

Rozpoczęcie robót budowlanych przed uzyskaniem ostatecznej decyzji o pozwoleniu na budowę
Commencement of construction works before obtaining the final decision on the building permit

Author(s): Sławomir Zwolak
Subject(s): Administrative Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: building permit; construction works; joint and several liability of the investor; administrative proceedings;

Summary/Abstract: The study presents the investor’s unfavourable legal situations related to the commencement of works without a final decision on a building permit. The article indicates situations of premature action by the investor before the decision on the building permit has become final, then as a result of filing an appeal, the decision may be eliminated from legal circulation, which will consequently lead the investor to an unfavourable position in the legal sense, causing the suspension of construction and the application for the issuance of a new decision. Also, a situation in which the body has granted the decision on the building permit the rigour of immediate enforceability will result in the decision being annulled in the event of initiating an appeal procedure. In each of the presented situations, the investor bears the risk of commencing works on the basis of a non-final decision, which consequently negatively affects the legal security of the investor.

  • Issue Year: 143/2025
  • Issue No: 1
  • Page Range: 295-306
  • Page Count: 12
  • Language: Polish
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