Samowola budowlana jako zdarzenie ciągłe. Bezprzedmiotowość jako przesłanka stwierdzenia wygaśnięcia decyzji. Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 2 grudnia 2021 r. (II OSK 96/19, LEX nr 3275880)
Building Lawlessness as a Constant Occurrence. Pointlessness as a Circumstance for Revocation of the Decision. Commentary on the Judgement of the Supreme Administrative Court of 2 December 2021 (II OSK 96/19, LEX no. 3275880)

Summary/Abstract: The County Building Supervision Inspector commanded the demolition of arbitrarily builtexits from the national road to the plot. The Private Limited Company, the legal successor of theaddressees of the demolition decision, asked for a declaration of the expiry of the demolition decisiondue to the reconstruction of the exit carried out during the renovation of the national road by theroad administrator. The Provincial Inspector of Construction Supervision, as first instance authority,refused to confirm the expiry of the decision about the demolition, recognizing, i.a., that the worksperformed at the exit in question did not change its parameters, therefore it cannot be considered asreconstruction of the facility. As a result of the appeal lodged, the Chief Inspector of ConstructionSupervision maintain in force the decision. The Private Limited Company claimed to the VoivodeshipAdministrative Court, the contested decision should be revoked in its entirety or revoked and thecase should be referred for re-adjudication due to the lapse of more than 10 years from August 2007.The Private Limited Company explained the demolition decision is pointless as more than 10 yearshave passed since it was issued in August 2007. The Voivodeship Administrative Court in Warsaw dismissed the complaint, considering the allegation of the expiry of the decision to be unfounded. Inthe cassation claim the Private Limited Company formulated allegations of violation of proceduraland substantive law. The Supreme Administrative Court did not admit the cassation appeal. In theopinion of the court of second instance, the main subject of the dispute in the case under examinationwas whether, in the light of Article 162 § 1 (1) of the Administrative Procedure Code, it is possibleto declare the expiry of an administrative decision ordering the demolition of a building structure tobe expired. Also important is the issue of legal succession and the transfer of responsibility for theresulting building lawlessness.

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