Published: 2025-12-29

Evidentiary value of an official valuation report drafted by a court-appointed expert at the request of a public authority vs. a privately commissioned valuation report in administrative proceedings for the determination of a planning fee

Lidia Piotrowska , Przemysław A. Wasylik
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2025.25.4.11

Abstract

This article discusses the evidentiary value of a valuation report, understood as an opinion on the value of real estate drafted by a property valuer. We examined evidentiary value in the comparative context of a valuation report commissioned privately (i.e., at the request of a party) with a valuation report drafted by an expert property valuer appointed by an administrative authority. Our analysis was conducted in relation to Polish administrative proceedings for the determination of a planning fee. We focus on the significance of “evidence” as a concept in Polish administrative proceedings and provide a definition of the “valuation report” in the context of Polish law. Our article also discusses the administrative procedure for the determination of a planning fee. We present the findings of our examination of notices and administrative decisions issued in such cases. The aim of our research was to determine which type of valuation report holds greater evidentiary value. The hypothesis we started with asserts that a privately commissioned valuation report drafted at the request of a party in Polish planning fee proceedings may have the same evidentiary value as a valuation report compiled by an expert property valuer appointed by the administrative authority. We used the dogmatic law method (i.e., we examined the legal provisions and publications on the subject) as well as the empirical method (we reviewed court records, case law, and administrative decisions), and present the results of our review of notices and administrative decisions.

Keywords:

evidential value, evidence, valuation report, administrative proceedings, planning fee

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Citation rules

Piotrowska, L., & Wasylik, P. A. (2025). Evidentiary value of an official valuation report drafted by a court-appointed expert at the request of a public authority vs. a privately commissioned valuation report in administrative proceedings for the determination of a planning fee. Zeszyty Prawnicze, 25(4), 241–274. https://doi.org/10.21697/zp.2025.25.4.11

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