Nieruchomości@ (Jun 2023)
Legal problems in the field of implementation, the area of impact on the terrains of neighboring properties in the light of recent legal developments
Abstract
Determining the area of influence of the object on the area of neighboring real estates, in accordance with art 3 point 20 of the Building Law Act, causes many problems. The concept of this area, despite the legal changes made in 2015 and 2020, is still imprecise and may be subject to various assessments not only by the designer and the architectural and construction administration authority, but also by administrative courts. All the more so because in the phrase of "impact zone of the building" the term "development" (in the meaning of arrangement of the plot) has been changed to "development" (in the meaning of housing development), and both terms are used interchangeably in the jurisprudence.Each time, the purpose of the amendment was to narrow down the interpretation of restrictions related to the execution of construction works, and not, as previously assumed, also to the method of development, which was not related to the implementation of the investment, but referred to e.g. noise, smell, obscuring objects, restricting access to the road public. The consequence of the amendment to the above-mentioned regulation was also to limit the number of entities participating in the procedure for issuing a building permit.The impact zone of the building is determined on the basis of generally applicable regulations, which may introduce restrictions related to this building on the build up of the area. As a consequence of the above, this zone is determined individually in a specific case. The catalog of regulations constituting a reference point for determining the impact zone of the building on neighboring properties is not strictly defined, which also causes practical problems. Therefore, it is worth considering the definition of the impact zone of the building again, specifying, for example, the catalog of regulations that the authority should take into account when assessing the impact of the object on neighboring properties. Specifying such a catalog would certainly dispel any doubts that arise in this scope.
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