Zasada dobrego sąsiedztwa – wybrane problemy
The principle of good neighbourliness – selected problems
Author(s): Bogusława DobkowskaSubject(s): Civil Law, Human Rights and Humanitarian Law, Sociology of Law, Administrative Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: administrative law; decision on development conditions; the principle of good neighbourliness; neighbouring plot; analyzed area; analysis of functions and features of buildings and land development; c
Summary/Abstract: One of the requirements for obtaining a positive decision on building conditions is the fulfilment of the condition referred to as the so-called principle of good neighbourliness. This principle has been functioning in the Polish legal order for over 20 years. The purpose of this article will be to analyse the direction in which regulations are changing, but also the way of interpretation of current regulations, in particular by administrative courts. For this purpose, the dogmatic and legal method will be used. The legal analysis will be made primarily on the basis of legal regulations and jurisprudence of administrative courts, as well as the views of the doctrine. Considerations related to the principle of good neighborliness will be preceded by the presentation of legal regulations specifying when it is required to obtain a decision on development conditions, what is the legal nature of the decision and what conditions must be met in order for the decision establishing the development conditions to be issued to the applicant. Then, such concepts as the neighboring plot, the analyzed area, continuation of functions and parameters will be analyzed.
Journal: Studia Prawnoustrojowe
- Issue Year: 2023
- Issue No: 62
- Page Range: 135-147
- Page Count: 13
- Language: Polish