Safeguarding the Building Permit Against Delayed Municipal Appeals

Situation:

Although the client had held a building permit for a year, the municipality filed an appeal against it and submitted a review proposal under Section 149 of the Administrative Procedure Code. The challenge to the building permit complicated the sale of the project, which we were also managing.

Client’s Request:

The client requested that we ensure the issued building permit would not be revoked.

Our Solution:

By analyzing legal regulations and case law of the Supreme Administrative Court, we concluded that although there were several errors made by the building authority during the proceedings, the appeal was filed late. Through negotiations with the municipality, we subsequently secured the withdrawal of the appeal and even agreed on a planning contract with the municipality.

Result:

We achieved a settlement of relations with the municipality for the client. An added benefit was the conclusion of a planning contract, which subsequently made the project even more attractive to investors.

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