The article analyses the institution of notification of intention to build a fence. Due to lack of the literature on the subject, the article was based on the analysis of rich jurisprudence of administrative courts. This article is divided into three parts. The first part analyzes the institution of notification of intention to build a fence under the Act – Construction Law. The notification submitted by the investor should be treated as a kind of request to initiate administrative proceedings. The authority which receives the applications evaluates them in terms of formal and substantive law. To carry out the work the investor can proceed 30 days after submitting the notification to the authority if the latter does not object. The second part of the study analyzes the legislation regarding the construction of fences. According to the Construction Act, in principle there is no obligation to obtain a building permit or a notification to build fences. The exception to this rule is the construction of fences from the side of roads, streets, squares, railway tracks and other public places as well as fences higher than 2.20 m. Their construction should be reported to the competent authority. Due to numerous problems with interpretation, this part of the article introduces various positions of administrative courts primarily concerned with the construction of fences of specific qualifications as an investment requiring notification. The last part of the article summarizes the specific nature of the institution of notification of intention of build a fence, pointing out that its most significant feature is a detailed explanation of the facts of the case. Moreover, it concludes that from the point of view of investors planning to build a fence notifying the competent authority is always the safest option.
May 17, 2017
Nov 5, 2013
|Szczególny charakter instytucji zgłoszenia zamiaru budowy ogrodzenia||May 17, 2017|
Fiebig, Alfred (Liegnitz), fot.