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The Effects of Annulment of Master Territorial Plan on Individual Permits according to the Building Act

Publication at Faculty of Law |
2018

Abstract

The paper deals with the impacts of the cancellation of the master territorial plan on individual permits under the Building Act, especially the impact on the validity of the planning permission when the master territorial plan, on the basis of which the planning permission was issued, is cancelled. In the introduction the situations in the legal system are specifi ed, in which the cancellation of the master territorial plan affects the individual permit (i.e. the incidental review and the possibility of canceling the territorial planning documentation with retroactive eff ects).

There is an explanation of why this means the imperfection of the legal regulation, respectively the manner of its interpretation, and the problem of legal certainty for all concerned in the territory. View of the possible solution to this situation for the future is outlined, whether as an amendment of current law or in the overall recodifi cation of the building law on which it is being currently working.