Съдебен контрол върху градоустройствените административни актове. Премахване на негодни за ползване или застрашаващи сигурността строежи
Judicial review of the urban-planning administrative acts: demolishing of unsuitable or endangering safety buildings

Author(s): Emilia Kandeva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: administrative acts; demolishing; buildings
Summary/Abstract: Land-use and urban building have accompanied the human civilization since its beginning. Spatial planning is increasingly acknowledged as an interactive, interdisciplinary and democratic instrument to promote sustainable and balance urban planning and development. It requires innovative changes in the spatial planning, land-use and territorial development legislation at local, national, and transnational legislation. The modern planning regulations reflect the principle “planning for places and people”, and express the planning concern about the improvement of public health, safety, convenience and welfare of the citizens. Significant achievements of the administrative legislation are the detailed regulations about the control over threatening safety constructions. The article introduces the legal basis and an analysis of the structure, objectives and responsibilities of demolishment of unsuitable or hazardous buildings, including the appeals process before the court. The mayor issue an order to remove the buildings, which due to natural wear or other circumstances have become dangerous to the health and lives of citizens are unfit for use, threatened by self-demolition, create conditions for a fire or harmful in sanitary-hygienic respect and can’t be repaired or strengthened. The order may be appealed before the administrative court in accordance with Art. 215 of the Spatial Planning Law.

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