Published: 2021-01-031

The legal nature of the investor's declaration on the disposal of the property for construction purposes - civil law and administrative issues

Jakub Jan Zięty
Civitas et Lex
Section: Legal Sciences
https://doi.org/10.31648/cetl.5378

Abstract

The subject of the article is an analysis of the legal nature of the investor's declaration on the disposal of the property for construction purposes. Everyone is entitled to the right to develop real estate, provided that the construction intent complies with the law. The condition for obtaining a building permition is submission of the above statement by the investor. It creates a presumption that the investor has the right to dispose of the land and the possibility of carrying out construction works based on the obtained decision. For this reason, as a rule, it is sufficient for the authority to issue an administrative decision to approve a construction project and grant a building permit enabling the execution of construction works (building permit). That is why it is so important to assess the legal nature of declarations made by investors (applicants) on the right to dispose of real estate, not only in terms of civil law but also in the context of administrative proceedings. In the article, the author assumes that this is a statement of knowledge under civil law and also indicates the effects of such a qualification. In the case of administrative law, it assumes that the statement constitutes one of the evidence that should be assessed by the authority against the background of other evidence collected in the course of the building permit procedure.

Keywords:

construction law, disposal of real estate, construction, building permit, declaration, development right, investor

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Citation rules

Zięty, J. J. (2021). The legal nature of the investor’s declaration on the disposal of the property for construction purposes - civil law and administrative issues. Civitas Et Lex, 28(4), 57–68. https://doi.org/10.31648/cetl.5378

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