Victory in the Supreme Administrative Court in the case of a building permit decision.
20.01.2025 / News / Successes / Real Estate / Administrative Law
On January 15, 2025, the Supreme Administrative Court fully upheld the complaint filed by the Law Firm on behalf of the Client. Thus, the Court amended the contested ruling of the Provincial Administrative Court in Gliwice and entirely dismissed the appeal filed by the opposing party. The complaint was filed on behalf of the Client, who obtained a building permit for a multi-family residential building with commercial spaces in the city of Częstochowa. As a result, the building permit has become final and binding.
Case details
On January 15, 2025, the Supreme Administrative Court issued a ruling fully upholding the cassation complaint filed by the Law Firm on behalf of the Client, who had obtained a building permit in 2022 for a multi-family residential building with commercial spaces in Częstochowa. As a result of the complaint filed by the participants in the proceedings, the Provincial Administrative Court in Gliwice annulled the decisions of the authorities of both instances and referred the case for reconsideration.
Following the cassation complaint filed by the Law Firm, the Supreme Administrative Court overturned the ruling in its entirety and dismissed the complaint of the participants. The Court agreed with, among other things, the arguments raised by the Law Firm concerning the incorrect interpretation by the first-instance Court of certain parts of the building project and the necessity to rely on the statements of the designer who prepared the building design. It also emphasized the primacy of the principle of construction freedom when assessing the building project’s compliance with legal regulations.
At the same time, the Supreme Administrative Court dismissed the cassation complaint filed by other participants, stating that as co-owners of the internal road, they did not have a legal interest in the case because the Client’s investment did not in any way limit the possibility of developing their plot.
Team
The Client was represented by our experts from the Administrative Law Department: advocate Jacek Ziembiński and legal trainee Dominika Kaczmarek. The case was supervised by the firm’s partner, attorney-at-law Mariusz Kowolik.
This is another success for our Client and the lawyers handling the case following the confirmation of the decision on the conditions for development. As a result of the issued ruling, the Client can now begin the construction project on their property. Congratulations!