Decyzja zobowiązująca do udostępniania nieruchomości w celu wykonania konserwacji, remontu lub usunięcia awarii
The decision to mandate the availability of the property for conservation, renovation, or emergency repairs

Summary/Abstract: Public authority intervention in the constitutionally protected right of ownership should be a measure of last resort and, therefore, can only occur in the public interest and with fair compensation. Real estate management law provides for the possibility of such intervention by issuing a decision obliging the property to be made available for conservation, renovation, or emergency repairs. This article analyzes the criteria set out in Article 124b of the Law and aims to examine whether this provision interferes with the property right only to the extent necessary, considering the scope of planned activities related to conservation, renovation, or emergency repairs. As a result of the conducted analysis, it was found that the conditions for applying this provision were formulated precisely by the legislator. However, in practice, the application of this provision raises interpretational difficulties and, as a result, requires clarification, for instance, regarding the concept of renovation or the procedure associated with issuing an administrative decision.

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