Caring for order in space is becoming only incased

Take an example of a multi -dwelling building that, despite all the signs of orderliness, has no building permit. House number? She has her. The identity cards of the residents are issued at this address, pay compensation for the use of building land, the bills are regularly coming, the condominium property is carried out and entered in the land register. On paper – all legal. But the reality is quite different.

This building has no building permit. And this is not the only such example. In all this bureaucratic chain – from municipal offices, administrative units, geodetic administration – no one has checked the basic fact: whether the facility has a building permit at all. How is this possible?

The system canceled – without the safety « triggers ». All procedures in which this building was included were carried out without verifying the basic legality of the building. Some residents were even in good faith that everything was fine. The system, however, gave them false security and implicit message: « Your home is tidy. »

But this false security is now blowing out. For such buildings, it will be necessary to retroactively prove that they are legal. The state, which has so far collected all contributions and benefits for such facilities, now requires that the owners themselves initiate the procedure for « assumption of a building and usable permit ».

The proposed amendment to the construction law maintains the presumption of a building and usable permit, adding new necessary conditions. This is, of course, understandable for houses that were built « black » at a time when the construction market was already regulated and have not applied for a building permit.

By no means is this understandable for buildings from times when there were no construction and useful permits at all. These are old bourgeois houses, farms, mansions, castles, churches and other institutions, mostly protected as a immovable cultural heritage, which is misled in the official register of cultural heritage. The law provides for any exception; Even the documents already kept in public records, or Information by which the state already has and should be obtained in administrative procedures under the Administrative Procedure Act in connection with the provisions of the administrative operations Regulation, which shall be obtained from public records. Instead, the burden of evidence is transferred to natural persons.

Without a role or Decisions will also not be legally existed, they will be illegal, so it will not be possible to carry out construction works or reconstructions, nor to obtain a usable permit, as well as when selling, inheriting … serious complications occur.

Procedures that retroactively interfere with the rights already acquired do not pursue the constitutional provisions of the rule of law, eligible legal expectations and legal security. Century buildings were built legally, at a time when there were no construction procedures at all, today they fall into the same bin with black builders who consciously violated the regulations.

Instead of ex officio to issue decisions for facilities that are clearly evident in the official records and have never been problematic, the owners find themselves in a situation where they have to prove something that is obvious.

A country that, on the one hand, charges contributions and taxes for « black constructions », has never checked the legality of the building on the other, now requires additional supporting documents and payments.

This is no longer a concern for the order in space – this is just incas.

Instead of a solution that the law would automatically recognize the right of existence for facilities that fulfill clear historical conditions, a new bureaucratic trap – legal uncertainty, opens. The eligible expectations of the owners of the formerly legally built facilities are trampled, and the owners are becoming captives of procedures that the state could keep on their own, based on their own records and at least centuries -old real estate. issued alleged construction and useful permits ex officio.