Published: 2026-03-31

Admissibility of addressing post-inspection recommendations under Art. 40 par. 1 of the Polish Protection and Care of Historic Monuments Act to the proprietor of an immovable monument not covered by any of the legal forms of protection referred to in Art.

Krzysztof Sojda Profil ORCID autora Krzysztof Sojda
Zeszyty Prawnicze
Section: Artykuły
DOI https://doi.org/10.21697/zp.2026.26.1.08

Abstract

The aim of this article is to discuss the admissibility of a conservation office addressing post-inspection recommendations, as referred to in Art. 40 par. 1 of the Protection and Care of Historic Monuments Act (Ustawa o ochronie zabytków i opiece nad zabytkami) to the proprietor of an immovable monument entered in the municipal register of monuments or not covered by any of the legal forms of protection. Polish jurisprudence has developed divergent albeit logically sound opinions in this regard, and the publications on the matter do not give a clear answer to the question of the scope of application of the cited provision, which provides grounds for closer consideration of the subject. I conducted the research for this article using the dogmatic legal method, presenting the arguments given by the supporters of each of the solutions adopted in various court decisions, and comparing and contrasting them with the position of the doctrine and with my own observations.

Keywords:

historic monument, post-inspection recommendation, voivodeship conservation officer for historic monuments, conservation supervision, inspection, protection and care of historic monuments

Download files

Citation rules

Sojda, K. (2026). Admissibility of addressing post-inspection recommendations under Art. 40 par. 1 of the Polish Protection and Care of Historic Monuments Act to the proprietor of an immovable monument not covered by any of the legal forms of protection referred to in Art. Zeszyty Prawnicze, 26(1), 139–156. https://doi.org/10.21697/zp.2026.26.1.08

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.