Mayors are competent to issue individual administrative acts. They affect citizens’ rights and are therefore subject to judicial review. The most frequently challenged administrative acts of municipalities are those issued under the Territorial Planning Act (TPA). This is the law regulating buildings and construction sites. E.g.: building permit, certificate of rough construction (act 14), certificate of commissioning (act 16), certificate under article 181, etc.

How do I appeal against a municipal act?

All administrative acts are subject to administrative and judicial appeal. Therefore, the acts of the municipality can also be appealed. Legal Frame has extensive experience in appeals against administrative acts of municipalities. Our administrative law attorneys will help you protect your rights in the appropriate court.

An appeal shall be lodged with a higher administrative authority. That is, if you challenge an act of the mayor, it is appealed to the governor. The complaint shall be filed through the mayor with the county attorney, setting forth all the facts and circumstances thereof.

After the decision of the county board, a judicial appeal may proceed if the decision is not satisfactory. It is important to know that the challenge can be brought directly before the competent court.

The competent court shall be the Administrative Court in the region of the permanent address or seat of the addressee of the administrative act. The acts are appealed within 14 days and the proceedings are two-instance – Administrative Court and Supreme Administrative Court.

NB: The tacit refusal of municipalities is also subject to administrative appeal. I.e. where the administration has not ruled within the statutory time limit.

How can I appeal against an act of DNSK?

Administrative acts issued by DNSC (Directorate of National Construction Control) and its subdivisions are subject to administrative control. The object of these acts is construction – illegal constructions and constructions executed in deviation of the legal norms.
When is a construction illegal?
A construction is illegal when:
– has been carried out in non-compliance with the current PUP (detailed development plan);
– was carried out without approved investment projects and/or without a building permit;
– for deviations from the approved investment project;
– was carried out with materials that do not comply with the construction requirements;
– was carried out in the presence of a valid refusal to issue an administrative act, which, depending on the type and size of the construction, is a prerequisite for permitting the construction under the Environmental Protection Act, the Biological Diversity Act, the Cultural Heritage Act or another special law;
– has been carried out in violation of the requirements for construction in areas with special territorial-planning protection or with a regime of preventive planning protection.
Upon discovery of such a construction, the State Construction Committee shall issue an order, which shall be subject to appeal. Such an order may be appealed under the procedure of the Code of Civil Procedure and the Administrative Code before the relevant administrative court. By its decision, the court may cancel or modify the illegal construction order.
It is important to know that you can file a report with the State Property Inspectorate in case illegal construction has been carried out in your property or in the common parts of the property.
If you are served with a demolition order or refused planning permission, you can contact a good solicitor to help you resolve your case.