Special considerations of demolition of the buildings and structures constructed without a permit on the state-owned land parcel restricted for construction

• Authors: Ucha Zakashvili

Title variants

PL

Szczególne uwarunkowania prawne rozbiórki budynków i bu-dowli wybudowanych bez pozwolenia na działce państwowej objętej ograniczeniem zabudowy

• Languages of publication: EN

Abstracts

PL

The article addresses special conditions sanctioning demolition of buildings and structures erected without a permit on the state-owned land parcel restricted for construction according to the Georgian legislation and the practice of suspension of enforcement proceedings of similar resolutions by the court. It reviews the regulation envisaged by part 4 of Article 25 of Product Safety and Free Movement Code, according to which buildings constructed on state and/or self-governing unit-owned land parcels are subject to demolition and an appeal of the resolution on demolition does not suspend its enforcement. Despite the above, within the procedural legislation, the court suspends the enforcement process in the part of demolition. The article assesses the prospective of placing such buildings and structures within the legal framework in the future (compliance with the general plan, functional zoning, rules of development and use of the territory), i.e. their eligibility for obtaining a permit in deciding on the suspension/non-suspension of the demolition enforcement process. In Georgian practice, this factor is not accen­tuated by the construction control body when making a resolution on demolition, nor does the court evaluate it, which is the most significant circumstance in the process of making and enforcing such type of resolutions. Examples from the Polish and German practice where a permit allowing illegal buildings and structures to be admitted (as complying with the substantive con­struction law) is one of the most significant preconditions for making a resolution regarding demolition are presented and discussed. The circumstances to be considered in the course of suspension by the court of demolition of buildings and structures illegally constructed on state and/or self-governing unit-owned land parcels are also described, and legislative changes/ amended regulations for the sake of avoidance of procrastination of such type of demolitions have been recommended.

Keywords

EN

construction law; building without permit; demolition; llegal construction/structure; construction law; building without permit; demolition; llegal construction/structure

PL

construction law; building without permit; demolition; llegal construction/structure

• Publisher: Uniwersytet im. Adama Mickiewicza w Poznaniu
• Journal: Studia Prawa Publicznego
• Year: 2019
• Issue: 3(27)
• Pages: 73-92

Dates

published

2019-09-15

Contributors

author

Ucha Zakashvili

• Rezid Holding, Tbilisi, Gruzja

References

• Aleksandrowicz K., Property Development Process in Accordance with the Polish Building Law, Polish Information and Foreign Investment Agency (PAIiIZ) 2016.
• City moving toward fines for construction on public property without permit, Real Estate Monitor Worldwide; Amman: SyndiGate Media Inc. Aug 5, 2017.
• Economic Policy; Legalizing Constructions Built Without Permits To Add 4-5 Msq Mof Space In 2011, Says Deputy Minister, Interfax: Ukraine Business Weekly; Kiev, 27 VII 2011.
• Homogenous practice of the Supreme Court of Georgia regarding disputes arising out of construction relations, Tbilisi 2018.
• Homogenous practice of the Supreme Court of Georgia regarding disputes arising out of construction relations, Tbilisi 2018.
• Stelkens U., Construction Supervision in Germany, Forum Materials of Tbilisi State University Institute of Administrative Sciences, “Perspective of Administrative Sciences” 2017.

Identifiers

DOI

10.14746/spp.2019.3.27.3