On September 22, 2009 the Constitutional Tribunal decided that Article 49b item 2 of the Construction Act was in part contrary to the Constitution. Pursuant to the provision, in case there is no spatial development plan for a given area, the final decision on construction terms is necessary in order to legalise a construction without the permit.

The Constitutional Tribunal decided that it was contrary to the constitutional principle of equality under the law to require that the decision on construction terms be final on the day the legalisation proceedings were instituted. In the opinion of the Tribunal, the requirement results in different legal status of persons who have constructed a structure without notification depending whether there are spatial development plans for a given area or not.


Contact: Lech Gniady,

lg@pnplaw.pl