Published: 2021-09-25

A Comment on the Polish Supreme Administrative Court’s Verdict of 10 July 2019

Sławomir Zwolak
Zeszyty Prawnicze
Section: Glosy
https://doi.org/10.21697/zp.2021.21.3.15

Abstract

In its verdict of 10 July 2019 (II OSK 2195/17, Lex No. 2753259), the Polish Supreme Administrative Court ruled that there are no legal grounds for the authority supervising construction to demand that the investor submit a declaration confirming his right to the land on which the construction project is to be carried out. However, this does not mean that in proceedings under Arts. 50-51 of Polish construction law the supervising authority may not consider and look into the issue in the course of its evidentiary activities. The legal view presented by the Supreme Administrative Court is consistent with the axiology of the Polish constitutional system for the protection of property rights, otherwise the investor’s title to real estate intended for construction purposes would remain beyond the control of the applicable administrative bodies.

Keywords:

availability of real estate for construction purposes; reorganization proceedings; the freedom of construction principle.

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Citation rules

Zwolak, S. (2021). A Comment on the Polish Supreme Administrative Court’s Verdict of 10 July 2019. Zeszyty Prawnicze, 21(3), 381–393. https://doi.org/10.21697/zp.2021.21.3.15

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