Abstract

In this article, the authors try to determine the legal nature of an instrument such as the decision to change a construction permit and depict the most common practical problems that have been faced by investors for the last 10 years since this institution was introduced. The decision to change a construction permit (commonly known as a „substitute construction permit”) is aimed at guaranteeing the investor flexibility in project completion, accelerating the investment process and reducing its costs, though in practice it is abused by investors. In particular, the article discusses the issue of the relationship between the initial decision, i.e. the construction permit, and the changing decision, i.e. the decision to change the construction permit, the consequences of a wrong qualification of major departures from the approved construction design, or the fact that the need to obtain construction permit has been totally ignored.