Supreme Court quashes administrative order for demolition due to procedural flaws and unconstitutional building law provisions.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision ordering the demolition of unpermitted buildings constructed before 1995. The court found that the administrative proceedings failed to properly distinguish between older structures and newer silos, omitting the updated urban plan and failing to establish the date of unauthorized construction. Consequently, the Supreme Court ruled that the extraordinary review was justified and remanded the case for a new trial based on constitutional interpretations of the Building Law.
Legislator headnote
AI generatedArt. 103 ust. 1 i 2 ustawy Prawo budowlane z 1994 r.; Art. 37 ust. 1 pkt 1 i 2 oraz art. 39 ustawy Prawo budowlane z 1974 r.: The court must distinguish between older buildings and newer structures when issuing demolition orders, ensuring the updated urban plan is considered and the date of unauthorized construction is established to comply with constitutional requirements.