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The practical problems of applying Article 40 paragraph 1 of the Polish Construction Law

Subject and Keywords:

normalization   harmonization   conformity assessment system   economic development   product


The provision of Article 40 paragraph 1 of the Polish Construction Law provides that the authority which issued the decision granting a building permit shall transfer the decision to another entity if it accepts all the conditions set out in this decision and make a statement of its right to use the property for construction purposes. The architectural and construction authority is obliged to transfer the decision when these conditions are met. The interpretation of Article 40 paragraph 1 of the Polish Construction Law seems to fully explain how the authority should transfer a decision granting a building permit. However, this rule refers only to a situation in which an existing investor voluntarily wants to transfer powers possessed by them to any other entity. Problems in the application of the provision arise when an existing investor cannot express their will. In the article I would like to present two such cases, which often become the subject of decisions of the authorities and in respect of which settlement is not uniform.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:


Date copyrighted:



ISSN 0524-4544   ISSN 0239-6661


PAd P 101182 II


pol   eng   ger


Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3576. Prawo, ISSN 0524-4544, 2014, 316, nr 1, s. 163-175

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg