Non-enforcebility decisions of building supervision authorities according to judgments of administrative courts

Abstract

This article concerns the issue of impracticability of decisions of building supervision authorities, in the event of a defect resulting in the necessity of its annulment. At the same time, the impracticability of the non-pecuniary obligation imposed by the administrative decision in the enforcement proceedings results in the cancelling of this procedure. According to the author, the analysis of judgments of administrative courts shows that the most common reason for non-enforcebility decisions issued by building supervision authorities is the poorly defined scope of obligations provided for in the building law. Judgments of courts are divergent in the scope of unfeasible the obligation to empty or exclude from the use of a building intended for the stay of people who threatens to collapse, too. The problem of the impracticability of the non-monetary obligation in the case-law also concerned the addressees of orders imposed in illegal construction. In the Author's opinion the current case law correctly indicates that a demolition order is not enforceable regarding superstructure or extension without permission in the event of technical obstacles.