The conflict between JW Construction and the city has been going on for two years, and the company learned that in mid-October 2024, the city hall had refused to issue it a certificate of independence of premises for the fourth time. This is clear from the letter he received money.pl. In it, the developer emphasized that he accepted “with undisguised indignation” the “illegal decisions of the Office of Architecture and Spatial Planning of the Capital City of Warsaw” without any legal basis.
The company emphasized that the judgment of the Provincial Administrative Court annulled the previous decisions of the authorities. The Provincial Administrative Court explained that the premises meet the condition of independence because they are separated by permanent walls and have an entrance from the corridor. The court also pointed out that “there is no legal provision that would prohibit running a hotel business in a facility that will consist of at least 10 independent premises.” However, according to the town hall, the hotel part is not independent.
Warsaw. The city's conflict with the developer JW Construction. It's about the premises
– Now everything starts from the beginning. After the negative decision, JW Construction may once again appeal to the Local Government Appeals Court, which in the past agreed with the developer – the website learned unofficially from people familiar with the matter.
The decision of the Warsaw City Hall means that the owners of 1,500 premises in the Bliska Wola Tower investment will still not be able to sign notarial deeds. This may cause a number of problems for tenants, including mortgage loan holders. One of the residents explained in an interview with the website that he would once again have to pay the bank to accept the request to extend the deadline for providing the property deed.
– It's very stressful because in the end the bank may say “no”. It's only a matter of time. A loan secured by a mortgage cannot be secured solely by the developer's word. Me and other borrowers are really desperate and exhausted by anxiety about the legal status of our houses, which we paid for, emphasized a resident of Bliska Wola Tower in an interview with money.pl.
Warsaw. The developer's dispute with the city hall has been going on for two years. Four negative decisions were issued
The problem is the “investment premises” that are part of the Bliska Wola Tower investment. The 92-meter-high building was built at the corner of Kasprzaka and Prymasa Tysiąclecia streets in Wola and is sometimes called the “Hong Kong of Warsaw”. The investment includes over 1.5 thousand. premises, of which 157 are not apartments from a formal point of view, because they were built on the basis of a building permit for a hotel – she explained.Gazeta Wyborcza“. “The developer sold them as 'investment premises', their areas started from 18 sq m,” we read.
JW Construction submitted an application for a certificate of independence of the premises in the fall of 2022, but the Office of Architecture and Spatial Planning (BAiPP) has reservations about the nature of the premises. In the first justification for the refusal, it wrote, among other things, that they did not meet the requirements imposed on them by the Hotel Services Act. The investor appealed against this decision to the Local Government Appeals Court, which in December 2022 repealed the contested decision and instructed the town hall, when making another decision, to limit itself to assessing whether “hotel” premises are independent premises and whether the establishment of separate ownership will be consistent with local development plan and use permit – explains money.pl.
The Warsaw City Hall issued a second negative decision at the beginning of February, which was overturned by the SKO two months later. However, in May, BAiPP again refused to issue the certificate, and the case returned to the SKO for the third time. This time, the college upheld the city's decision. The developer then turned to the Provincial Administrative Court in Warsaw, which sided with him, but the city hall, as money.pl found, refused to issue a certificate of independence of the premises for the fourth time.