26.07.2021
“This is the first step in verifying the correctness of the solution”
If someone is not satisfied with the decision of the city planning authorities regarding the permission to build real estate, he can appeal to the Council of Ministers through the Minister of the Interior. Such a claim is filed against the refusal of a permit by the planning authority, as well as to challenge any deadlines. The right to appeal is mentioned in the granted building permit or notice of refusal. The complaint must be filed within 30 days of receiving the decision.
The person concerned must pay the required fees and provide a copy of the application to the city planning authority. There is a provision in the law giving the Council of Ministers the power to accept or reject a claim, to annul or change any part of a city planning decision. They may also examine the original application.
Appeal is a way to check the correctness of town planning decisions and is an alternative to filing a claim with an administrative court. It is a relatively quick and inexpensive procedure and is therefore preferred. The decision of the Council of Ministers can be challenged in court if the applicant is harmed, which is a second chance to check the legality of the decision.
The appeal is in the form of a letter in which the applicant sets out the facts of their case and the reasons for the appeal, along with the relevant documentation. The filing fees are very low and are charged per dwelling unit. In the case of tourist, commercial, industrial, agricultural or other developments, the fees differ accordingly.Appealable town planning decisions refer to the town planning and housing departments and the town planning authorities of the municipalities.
A ministerial committee is established, empowered to make decisions on the application of the Council of Ministers. The Committee considers the facts and legal aspects, as well as the reasons for the appeal, after which it makes an appropriate decision. When the complaint is accepted, the committee calls on the city planning authority to re-examine the application, and the latter must comply with it.
According to case law, urban planning permission is a prerequisite for land development. The term “development” has a broad meaning in the law and includes any significant change in the nature or use of immovable property. A mechanism has been put in place to clear up any doubts about the nature of the proposed work and whether it constitutes a development. The permit is linked to land and is usually valid for three years, unless its conditions state otherwise. Moreover, it represents a single administrative measure concerning both the proposed development and the conditions under which it will be carried out.
The Administrative Court often overrules town planning decisions that have been criticized in court. For example, cases in which the city planning authority refuses to issue a permit for a proposed expansion of the public road network without street planning.Decisions that do not secure the preservation of space for the future construction of a public school or any other project are also cancelled. Particular attention is paid to cases of incentives for filing an application for the division of land into plots and subsequent changes in the conditions of this application that affect development. Also, the court considers the presence of a notice or order of compulsory acquisition, the imposition of a period on permission in favor of a third party, or even a response in the form of a letter whose content is not clear, with the aim of causing a delay by being unclear.
Therefore, the fair treatment of the applicant by the urban planning authorities must be demonstrated through the legality of their decisions, since they are in an advantageous position. An appeal is the first step in defending complainants.
