Wykonalność nieostatecznej decyzji udzielającej pozwolenia na budowę

Abstrakt

The feasibility of anon-final decision grantinga building permit

The article analyzes the feasibility of anon-final decision granting a building permit, especially the admissibility of giving the decision granting a building permit immediate enforceability. In the first part presented are the provisions of the Act — Code of Administrative Procedure related to granting an administrative decision immediate enforceability. The second part highlights the wording of Art. 28 Paragraph 1 of the Act — Construction Law, according to which the works can start only on the basis of the final decision on the building permit. In addition, there are presented views of doctrine and jurisprudence of the administrative court decision on granting aconstruction permit immediate enforceability. In the third part, in connection with the adoption that it is unacceptable to give the decision on the building permit immediate enforceability, presented are actions that should be taken by appropriate architecture and construction authorities in this area.