On July 24, 2023. The Provincial Inspector of Construction Supervision, as a result of an appeal filed by lawyers of the administrative law team on behalf of the Law Firm’s Client, issued a decision revoking in full the earlier decision of the District Inspector of Construction Supervision ordering the demolition of a building under construction and discontinuing the administrative proceedings. Such a decision is final in the administrative course of instances.
The Provincial Inspector of Construction Supervision first of all shared the position presented by the Law Firm’s lawyers, according to which the earlier final overruling by the second instance authority of the objection raised against the notification of the intention to build excludes in itself the recognition of the object as contrary to the regulations and thus ordering the demolition of the object being implemented in accordance with the content of the notification previously made by the investor. This is highly satisfactory, for the administrative body relied fully on the principle of protecting the citizen’s trust in the state without having to file a complaint with the administrative court.
Above and beyond the above, the Provincial Inspector of Construction Supervision also confirmed the validity of the objections raised regarding procedural aspects, that is, the lack of an earlier decision to halt the work, and the objections regarding the failure of the first instance authority to take into account the change in the local zoning plan made in the course of the administrative proceedings conducted by the District Inspector of Construction Supervision.