Effects of annulment of the decision – construction permit

Publication / 12.01.2018

On July 6, 2017 the Supreme Administrative Court issued a judgment in the case ref. no. II OSK 2766/15, in which it indicated that declaration of invalidity of the decision on the construction permit entails declaration of invalidity of the decision on the use permit, since these decisions are closely related to each other and concern the same investment project.

The invalidation of a construction permit for an investment, regardless of the reasons for it, results in the need to carry out corrective proceedings with respect to this investment, which should end with the issuance of one of the decisions listed in Article 51 sec.1 points 1-3, sec.3 or 4, 5 of the Construction Law. Failure to eliminate the decision granting an occupancy permit from legal circulation results in the impossibility of conducting these proceedings, and this means that an object completed with violation of law will remain on the ground without the possibility of obtaining a decision correcting this state of affairs.

The above decision of the Supreme Administrative Court, undoubtedly, will be of significant importance to investors who, during the use of an already implemented investment, will encounter the annulment of the construction permit.