Published: 2024-12-24

Order to vacate a building at risk of collapse in the jurisprudence of the Polish administrative courts

Aleksander Maziarz
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.4.06

Abstract

The aim of this study is to analyze and evaluate Article 68 of the Polish Building Law (Prawo budowlane), which provides for the issue of an order to evacuate a building due to an immediate risk of its collapse and to prohibit its use. I have examined the conditions for the application of this provision in the context of one of the fundamental objectives of Polish building law, which is to ensure the safety of buildings. For my research I have used the formal and dogmatic method with regard to the jurisprudence of the Polish administrative courts, with special attention to an assessment of the scope of Article 68’s applicability, an examination of its subjective scope, and an evaluation of the practical feasibility of the obligations imposed under this provision. I applied my findings to formulate proposals for amendments to the current legislation.

Keywords:

evacuation order, obligations related to the evacuation or withdrawal of a building from use, substitute premises

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Citation rules

Maziarz, A. (2024). Order to vacate a building at risk of collapse in the jurisprudence of the Polish administrative courts. Zeszyty Prawnicze, 24(4), 115–131. https://doi.org/10.21697/zp.2024.24.4.06

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