Effective self-monitoring by the conservator with the participation of HANTON Law Firm

Effective self-monitoring by the conservator with the participation of HANTON Law Firm

HANTON Law Firm advised private investors on obtaining a conservation agreement for an investment involving the construction of residential buildings with underground garages and the demolition of existing buildings located in the urban layout “Miasto-Ogród Nowe Włochy (western part),” listed in the Municipal Register of Monuments of the Capital City of Warsaw.

The Mazovian Provincial Conservator of Monuments initially agreed to the development conditions for the described investment. However, at the stage of agreeing on the construction design based on the previously issued development conditions, the authority refused to issue a conservation agreement.

As a result of the actions of the HANTON Law Firm team, led by the firm's partner, attorney Łukasz Dziamski, a complaint was prepared, which led to a change in the conservator's position.

An interesting element of this proceeding was the authority's use of so-called self-control, provided for in Article 123 §1 and 2 in conjunction with Article 144 of the Code of Administrative Procedure. This solution is used extremely rarely in practice. According to the aforementioned provisions, if a complaint has been lodged by all parties and the public administration authority considers it to be justified in its entirety, it may independently revoke or amend the contested decision. In the case of a complaint lodged by only one party, the additional consent of the other participants in the proceedings is required to revoke or amend the proceedings in accordance with the content of the complaint.

In the circumstances of our case, the complaint was lodged by three parties to the proceedings, while the other five parties agreed to the use of the self-review mechanism. As a result, the administrative authority revoked its previous decision already in the first instance proceedings. This solution significantly shortened the duration of the entire procedure, eliminating the need to wait for the case to be considered by the second instance authority.

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