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Ground-breaking verdict of the Supreme Administrative Court: An action against the refusal to grant a building permit for contravention of an illegal land-use plan is not subject to a one-year time limit

  • Czech Republic

    19-11-2019

    Prague, 7 November 2019Request refused! Why? Your building plan is in contravention of the land-use plan. A single stamp by a clerk at the building authority and a development project and investment that has been prepared for years can be kissed goodbye. In such a case, can a builder challenge the legality of the land-use plan? The Supreme Administrative Court issued a substantive verdict on the proceedings against the building plan and decided that in the builder is not subject to a one-year time limit to challenge the land-use plan.

    An amendment to the Code of Administrative Procedure, effective from 1 January 2018, reduced the time limit for judicial challenge to the land-use plan from three years to only one year.

    "The court's decision in this matter is groud-breaking and gives the builder broader possibilities of defence against a negative decision by the building authority," said Vojtěch Faltus, a lawyer at the firm specialising in construction law and administrative justice. "We are glad that the court took our arguments into consideration in the case of a cassation complaint from a private investor and annulled the reverse decision of the regional court. This is one of the first cases of this kind after the amendment to the law, which brought considerable uncertainty to this issue."

    Eversheds Sutherland is a Top 15 global law firm. It employs more than 5,000 people over 69 offices in 34 jurisdictions in Europe, the USA, Africa, Asia and the Middle East. www.eversheds-sutherland.com

    Contact for the media:
    David Pilař
    Marketing & Business Development Manager
    Eversheds Sutherland
    M: +420 604 100 491
    E: david.pilar@eversheds-sutherland.cz

     

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