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Construction lawlessness

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The consequences of taking works without a building permit (qualification illegal building, types odp)

Construction lawlessness = start construction before obtaining a final dec. building permit.

Consequences:

1. demolition order,
   
2. suspension of construction works (the imposition of specific duties),
   
3. legalization for the levy,
   
4. + criminal = odp fine, restriction of liberty or imprisonment up to 2 years
   

   Determination legalization fees :
   

   competent authority, prior to dec. on the approval of building design and grant permission to resume construction work, examine:
   

5. project complies plot or land development of regulations on spatial planning and development, particularly with the findings of the current zoning plan,
   
6. complete building design and have required reviews, approvals, licenses and checks
   
7. construction project execution by a person qualified construction
   

   and, by order, fixes the legalization fees.
   

   If you meet the requirements set out in paragraph 1) - 3), the competent authority shall issue dec.:
   

   1) to approve the construction project and permit the resumption of work;
   

   2) to approve the construction project, if the construction was completed;
   

   and imposes dec. to obtain dec. permit for use.
   

   In the case of infringements, in the range specified in paragraph 1) - 3), the competent authority imposes a duty to order removal of irregularities, within a specified period, and upon its expiry, it seems dec., Which requires the demolition of a building, or parts, under construction or built without the required building permit. This decision also appears for non-payment within a period of legalization fees. For the legalization fees, the provisions regarding the penalties referred to in Article. 59F, paragraph 1, except that the fee rate is subject to pięćdziesięciokrotnemu increase, which is charged Verification is determined by the following formula: rate of tax (500 zł) x factor category of the work (according to the Annex to the pb) x coefficient of the size of the object (according to the Annex to the pb) x 50.
   

   Verification fee is also determined for the illegal construction of the facility or its parts without the required declaration, or in spite of opposition by the competent authority (art.49b paragraph 5 bp)
   

   EXAMPLE 4 Liability:
   

• Article. 90 basis points - one who, in the cases referred to Article century. 48, Art. Article 49b. Paragraph 50. 1, point 1, or Article. 1950 1 point 2 performs works (building or build a building or part thereof without the required building permit or without declaration or, despite the opposition of the competent authority or perform construction work other than building without permission, despite the opposition of the application or competent authority) subject to a fine , restriction of liberty or imprisonment for 2 years,
  
• Article. 3 bp 93 points - who makes demolition a building or part thereof in violation of the provisions cited above. Article. 28 (and thus for example making the demolition, which was necessary to obtain a license), or Article. 31 paragraph. 2 (an application) is punishable by a fine .
  

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