Legislator Case Law & Legislation
III RN 89/00 AI generated

Supreme Court dismissed extraordinary review regarding demolition order for unauthorized building addition under Construction Law Art. 48.

Case Number III RN 89/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Ombudsman against the administrative court's decision ordering the demolition of an unauthorized building extension. The plaintiff argued that construction drawings implied the addition was permitted, but the court found the plans did not support this claim. Consequently, the court upheld the demolition order as the only appropriate sanction under the Construction Law, rejecting alternative legal arguments that would have invalidated the original building permit.

Legislator headnote

AI generated

Art. 48 of the Construction Law; Art. 36a of the Construction Law: The court must order demolition of unauthorized structures when no legal basis exists in the building permit or its amendments, as no other statutory provision provides a suitable sanction for such self-willed construction.

Keywords

AI generated
unauthorized construction demolition order building permit extraordinary review Construction Law self-willed building administrative sanction

Cited Legislation

AI generated
Art. 48 of the Construction Law of 7 July 1994
Art. 36a of the Construction Law of 7 July 1994
Art. 50 of the Construction Law of 7 July 1994
Art. 51 of the Construction Law of 7 July 1994
Art. 66 of the Construction Law of 7 July 1994
Art. 393 § 1 of the Code of Civil Procedure
Act of 1 March 1996 on amending the Code of Civil Procedure
art. 21 ust. 1 Konstytucji RP

Cited Case Law

AI generated
Decision of the Constitutional Tribunal of 12 January 1999
Decision of the Supreme Administrative Court of 14 October 1999

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