Legislator Case Law & Legislation
III RN 56/98 AI generated

Supreme Court dismisses extraordinary review, ruling building compliance depends on construction permits, not resident registration.

Case Number III RN 56/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review against the City Council's decision to terminate the perpetual use agreement. The appellants argued that their permanent registration in a commercial pavilion on the land satisfied the residential building requirements. The court held that determining whether a structure meets residential standards is the exclusive domain of the construction supervision authority, not the registration of residents.

Legislator headnote

AI generated

Art. 54 of the Construction Law; Art. 2 ust. 3 of the Act on Ownership of Apartments; Art. 3 ust. 1 pkt 1 of the Act on Renting of Apartments and Housing Supplements: Whether a building complies with residential conditions is determined by the competent construction supervision authority, not by the fact of permanent registration of persons in it.

Keywords

AI generated
extraordinary review perpetual use agreement construction supervision authority permanent registration residential building standards

Cited Legislation

AI generated
Art. 54 of the Construction Law
Art. 2 ust. 3 of the Act on Ownership of Apartments
Art. 3 ust. 1 pkt 1 of the Act on Renting of Apartments and Housing Supplements
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 12 of the Code of Civil Procedure
art. 2 Konstytucji RP
art. 236 ust. 2 Konstytucji

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