Last year’s amendment to the Construction Law introduced a provision under which a construction permit may be declared invalid only within five years from the decision becoming final. This definitely increases stability of the market, but it does NOT REMOVE ALL PROBLEMS.
At present, they result mainly from new regulations of the Code of Administrative Procedure.
In the new wording the Code of Administrative Procedure introduces TWO BASIC TIME LIMITS FOR DECLARING ADMINISTRATIVE DECISIONS.
Within ten years from the date of service or announcement of a decision, it may be declared invalid on any of the grounds permitted by law. However, if between 10 and 30 years have passed since those actions were taken, the legislator allows only the statement that the decision was issued in violation of the law, without declaring it as invalid.
As for decisions more than 30 years old, the initiation of proceedings concerning their invalidity is excluded.
In fact, there is no doubt that the invalidity of a construction permit can only be ascertained within five years. In this respect, the provisions of the Construction Law constitute lex specialis in relation to the Code of Administrative Procedure.
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