The Freedom of Construction and Obligations to Maintain Building Structures Cover Image

The Freedom of Construction and Obligations to Maintain Building Structures
The Freedom of Construction and Obligations to Maintain Building Structures

Author(s): Sławomir Zwolak
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: building structure; construction law; owner and manager; principle of proportionality

Summary/Abstract: The subject of the study is the issue of freedom of construction, shown against the background of obligations relating to the maintenance of buildings. The source of building freedom is the constitutional principle of property protection, which provides the owner with protection against unlawful infringement of his rights and excessive power of public administration bodies. However, the exercise of building freedom does not mean complete freedom in the use of the building structure, because it has its limits outlined in the implementation of the values indicated in the Constitution of the Republic of Poland. The study analyses the compliance of obligations concerning the maintenance of building structures with the Constitution of the Republic of Poland.

  • Issue Year: 28/2018
  • Issue No: 2EV
  • Page Range: 115-133
  • Page Count: 19
  • Language: English