Open access
THE PROTECTION OF THIRD PARTY INTERESTS IN THE CASE OF A NOTIFICATION OF CONSTRUCTION WORK
Artur KOSICKI1
Publication language: English
Journal article
Transformations No. 4 (119) 2023, Publication date: 29 December 2023
Keywords: notification, construction object, protection of third party interests, construction work
Abstract The purpose of this article is to demonstrate that the protection of third party interests in the case of a notification of construction works regulated in Articles 29 and 30 of the Act of 7 July 1994 Construction Law (Ustawa z dnia 7 lipca 1994 r. – Prawo budowlane), in the light of law in force, taking into account the doctrine and case law to date, is sufficient in terms of a democratic state of law. Indeed, in the course of the development of an investment project, a collision of rights and interests of the owner of the developed property and the owners of neighbouring properties may (and as a rule does) occur. Thus, the protection of the third party's right to undisturbed use of their property is an expression of the protection of their property right, and its exercise should therefore be particularly protected and provided with a number of safeguards.
Department of Law and Administrative Procedure at the Faculty of Law, University of Białystok, Poland
ORCID: 0000-0003-2363-7015
E-mail: a.kosicki@uwb.edu.pl