Prawo zabudowy a planowanie i zagospodarowanie przestrzenne

Abstract

The principle of freedom of construction is considered as a fundamental rule in the Polish Construction Law. In the search for its prescriptive basis, reference should be made primarily to the provisions of the Basic Law. The Polish Constitution does not include such terms as „freedom of construction” and “right to build-up a plot” arising under it. The lack of literal references to the abovementioned terms does not prejudge the intentions of the legislator to ensure the protection of freedom of construction by law. The local spatial development plan, which serves as an act of local legislation, affects primarily the exercise of proprietary rights. Limitation on the right to buildup a plot is evident mainly in the prohibition of land-use by the owners in a manner that conflicts with the agreed spatial development plan. The limits of the planning authority in the context of guaranteeing the safeguarding.