About the Freedom of Construction in the Judgment of the Polish Constitutional Court on the Abolition of the Building Permit (Kp 7/09)

Abstract

The principle of the freedom of construction has already been repeatedly discussed in the literature and has also become an important subject of analysis in the judgment of the Polish Constitutional Court on the abolition of the building permit. The purpose of this article is to present the principle of the freedom of construction and to draw attention to how legal regulations affect the determination of the extent of its impact. Expressed in art. 4 of the Construction Law the principle of the freedom of construction is a fundamental rule in the process of investment and construction, evolving the constitutional principle of the protection of property rights. According to the Polish Constitutional Court the principle of the freedom of construction should be understood from the perspective of a subject – as an indication in the interpretation of the construction regulations, as well as from the perspective of an object – as the right to construct on the property. Thus understood the principle creates partial freedom in making decisions on conducting construction activities by an individual.