Specific examples of suspension of compulsory execution of measures of building inspectors under Construction Act-1

Until the adoption of the law which will regulate the conditions for legalization, the owners of the buildings, which will be the subject-matter of legalization and with regard to which enforceable inspection decisions have either already been or are yet to be rendered, may suffer irreparable damage (e.g. demolition of the building). Therefore, the National Assembly adopted the Act amending the Construction Act (hereinafter referred to as ZGO-1E), which entered into force on December 28th 2013.

The amendment of the Construction Act provides the option to suspend the compulsory execution of the measures of the building inspectors, including the demolition of the building and the prohibition of its use. The person subject to inspection may, in addition to the grounds justifying the suspension of compulsory execution under the Administrative Procedure Act, request the suspension of compulsory execution on the following grounds: (i) the building to which the inspection measure refers is a residential building in which the person actually and continuously resides, whereby the person subject to inspection does not own or possess any other suitable housing; (ii) the building to which the inspection measure refers is a building dedicated to the pursuit of economic activity, and the compulsory execution of the inspection measure would cause serious economic damage to the person subject to inspection; (iii) the person subject to inspection has filed an initiative to amend the spatial planning act, and the municipality has identified in writing that it will consider it in the next revision of the spatial act; or (iv) the person subject to inspection has filed a complete application for a building or use permit.

Execution of inspection measures may be suspended only once, for a maximum of one year in case of suspension due to the poor social standing of the person subject to inspection (the building is intended as the residence for the person subject to inspection) or economic purpose of the building (building dedicated to the pursuit of economic activity). In case when the suspension is sought with the aim to amend the spatial planning act, the compulsory execution may be suspended until the amendment of the spatial planning act, but for a maximum of 3 years and in the case of the submitted request for issuance of a construction or use permit, no more than until the final decision on the request.