Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 7 marca 2018 roku, sygn. akt II OSK 1187/16. Wpisanie do rejestru zabytków układu urbanistycznego. Wpisanie do rejestru zabytków dodatkowo budynku
Commentary on the Judgment of the Supreme Administrative Court of 7th March 2018, File reference number II OSK 1187/16: Entry of an Urban Layout in the Register of Monuments; Additional Entry of a Building in the Register of Monuments

Summary/Abstract: The object of the commented ruling concerns two separate issues, namely: the protection of a monument based on an entry of urban layout in the official Register of Monuments, and a single entry of a building (real estate) in the Register of Monuments. The entry of an urban layout in the Register of Monuments is classified as an area entry, not an individual one, which does not imply that objects located in such an area are exempt from monument protection. Applicable jurisprudence indicates quite a few discrepancies regarding the mutual relations between area entry and individual building entry, which determine the purpose of this commentary – to distinguish and analyse them in detail. What remains relevant is that while each of the buildings included in the layout entered in the Register of Monuments can be included separately into the register, this does not equate to a presumption that failing to enter such a building in the register precludes the legal protection resulting from an entry of the historic urban layout in the selfsame register.

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