Penalty for ‘lawlessness of use’ of a building object – commentary (gloss) to the Judgment of the Supreme Administrative Court of 11 May 2017, II OSK 2283/15

Abstract

This commentary (gloss) to the judgment of the Supreme Administrative Court of 11 May 2017, file reference number II OSK 2283/15, concerns the issue of imposing a penalty for ‘lawlessness of use’ of a building object. In the opinion of the Supreme Administrative Court, the allegation that a public administration organ should impose a penalty for unlawful accession to only one investor, despite the fact that there are two of them, which indicates that an administrative penalty should be imposed on all investors. The basic issue to consider is the imposition of a penalty that should take into account the circumstances of the specific case, including the actual and legal use of real estate.

Keywords

• completion of the construction
• use of the building objects
• lawlessness use
• administrative penalty