Monitor Prawniczy

no. 22/2014

Participation of a tenants’ association in administrative and administrative court proceedings in cases for setting land development conditions and issuing a building permit

Gawarecki Tomasz
Aplikant adwokacki, prawnik w Kancelarii KKPW w Krakowie oraz doktorant w Katedrze Prawa Administracyjnego na WPiA UJ.
Abstract

The article discusses issues concerning correct determination by an administrative authority and the administrative court what are the parties allowed to participate in the proceedings relating to setting land development conditions and issuing building permits. Most often it is the neighbours of such planned construction projects who want to be able to inspect the files and submit appeals or complaintsthat are interested in taking part in such proceedings as parties., However, under the law, only those neighbours who have a legal interest or are in the area of impact of the planned project may be parties. Moreover, when the planned project is to be implemented on land adjacent to an existing housing estate whose tenants are members of a housing association, only the association is considered to be a party to the proceedings rather than individual tenants. Only exceptionally, due to special individual circumstances, individual flat owners may be considered to be parties in the proceedings.