PROTECTION AGAINST NUISANCES RELATED TO A CONSTRUCTION OF A BUILDING – SELECTED ISSUES
The paper deals with protection against nuisances related to a construction of a building. The nuisances frequently take place and in connection with the increase of the density of buildings it is possible that they will become more burdensome. Protection against such nuisances may be realized at tw...
Main Author: | |
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Format: | Article |
Language: | English |
Published: |
University of Applied Sciences in Bielsko-Biała
2016-07-01
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Series: | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
Subjects: | |
Online Access: | http://asej.eu/gicid/01.3001.0012.2963 |
Summary: | The paper deals with protection against nuisances related to a construction of a
building. The nuisances frequently take place and in connection with the increase of the
density of buildings it is possible that they will become more burdensome. Protection
against such nuisances may be realized at two levels: civil law and administrative. Civil
law protection measures cover primarily a negatory claim1
and a claim for withholding
the construction2
. Administrative law protection is possible under the provisions of the
act on construction law, which enable the people living in the neighbourhood of the
planned investment to participate in the proceedings concerning the construction permit
and thereby provide proactive protection of their interest. Application of both civil law
and administrative protection measures against nuisances related to a construction of a
building is connected with difficulties: a misinterpretation of provisions, their unclear
structure and a lack of legal regulation of certain essential issues like the administrative
decision status in the civil proceeding. In the paper the focus is on the most important
of the mentioned problems and presents the solutions. |
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ISSN: | 2543-9103 2543-411X |