Law Firm ALTERNA´s partner and attorney-at-law Siret Siilbek and co-author lawyer Helen Pajumaa wrote in September´s legal blog about the administrative body´s opportunities to require a building permit or notification regarding construction that does not contain in Building Code annexes.
Namely, according to Building Code (BC) valid at the moment, the obligation for notification or building permit arise from the schedules that are the annexes of the BC. At the same time, BC provides for that the competent institution may require building permit or notification as well regarding the construction that is not mentioned in BC´s annexes. That kind of right is not unlimited.
Siret and Helen explained in the article, that implementing the additional requirement of notification or building permit is, however, rather exceptional and limited with the criteria stipulated in the legal acts. The administrative body should very thoroughly substantiate the corresponding considerations. The resolution must be formalised as an administrative act.
From the article, it can be read what are the types of procedure to establish the facts of implementing the additional requirement of notification or building permit and that the administrative body will emanate from the important circumstances of the case, concerning the type of procedure. In that kind of situation, it is important to know that all the decisions of the administrative body are, however, protestable and the attention should be turned to the right of consideration as well, by the administrative body as, by the person himself.
In October´s legal blog Siret and Helen are writing about establishing implementation conditions for the detailed spatial plan resolution. Through the determination of implementation activities and order it is, among other things, possible to ensure the implementation of the detailed spatial plan as a whole.
For the administrative body, the establishment of the necessary actions and their order, for implementing the detailed spatial plan, with the resolution of establishing the detailed spatial plan may be onerous, but for the persons it is important. The owner of the realty should be able to understand how the planning will influence the land use. Regarding the building permit procedure, it is important to know which irregularity of the conditions may lead to, for instance, refusal of giving the building permit. As well, the establishment of the necessary actions and their order, for implementing the detailed spatial plan, allows the implementation of the detailed spatial plan as a whole.
The blog posts are available here:
Law firm ALTERNA