In October this year, for the fourth time, the Warsaw City Hall refused to issue a certificate of independence to JW Construction. The conflict between these parties has been going on for two years. The decision of the Warsaw City Hall means that the owners of 1,500 premises in the Bliska Wola Tower investment will not be able to sign notarial deeds.
Warsaw is fighting with the developer. The dispute has been going on for two years
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 formally recognized apartmentsbecause they were created on the basis of a building permit for a hotel – Dominik Moliński explained in a text on Next.gazeta.pl.
Interestingly, judgment The Provincial Administrative Court overturned 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. However, according to the town hall, the hotel part is not independent. The developer officially sent a statement to Next.gazeta.pl in which he strongly criticizes the city's attitude.
“The activities undertaken by JWCH SA aimed at obtaining certificates of independence of residential premises are simultaneously aimed at achieving the public interest related to the rights and expectations of buyers, related to the state's obligation to guarantee conditions for the implementation of tasks aimed at meeting the housing needs of residents, as well as economic goals “- I'm writing Maciej Oborski, legal advisor and representative of JW Construction Holding.
“Unfounded and violating the law.” The developer does not agree with the town hall
The developer's representative reminds in a statement that in the two previous stages of this investment, the Office of Architecture and Spatial Planning issued certificates of independence of the premises, and the buildings also partially had a hotel function. “In the light of the above comments, it is extremely surprising and surprising that the Office of Architecture and Spatial Planning of the Capital City of Warsaw issued a decision to refuse to issue certificates of independence of premises,” writes Oborski. “The refusal to issue a certificate of independence of the premises is devoid of adequate factual and legal grounds, which justifies the statement that in the circumstances of the case in question, issuing such a decision was inadmissible,” we read further.
In the opinion of the representative of JW Construction, “the Mayor of the Capital City of Warsaw, acting with the support of the Office of Architecture and Spatial Planning of the Capital City of Warsaw, by refusing to issue a certificate for the fourth time, grossly violated the applicable provisions of law, in particular Article 153 and Article 170 of the Law on proceedings before administrative courts. According to him, the Provincial Administrative Court's judgment contains legal indications and assessments regarding further proceedings, which are binding on local government administration bodies.
“It should be particularly emphasized that the indications and assessments expressed in the court's decision are binding on the authorities whose action, inaction or lengthy conduct of the proceedings was the subject of the appeal, as well as the courts, unless the law has changed. Moreover, a final judgment is binding not only on the parties and the court that issued them, but also other courts and other state bodies, and in cases provided for in the Act, also other persons,” Maciej Oborski lists. Therefore, he considers the refusal to issue a certificate to be “unfounded and violating the law.”
“We will take all measures.” Important announcement by JW Construction
“This is a precedent-setting and exceptionally serious situation, because it means that a public administration body, which, due to its political structure, is obliged to strictly comply with the law, grossly not only violates but also disregards this law. Tolerating such a state of affairs things is unacceptable in a democratic state of law. It should be added that the consequences of the above decision go far beyond the interests of the investor, i.e. JWCH SA, violating the legitimate rights of buyers, and also hinder the implementation of the tasks of the Capital City. Warsaw in the field of housing construction,” we read further.
“The persistent actions of BAiPP officials participating in making decisions that are devoid of legality are currently the subject of an in-depth, multi-layered legal analysis in terms of the legal assessment of the situation,” the legal advisor reveals in the statement. He assured that JW Construction “will take all actions permitted by law to resolve the above situation.”
“Due to the length of the proceedings and the social and economic consequences of the refusal to issue a certificate of independence of the premises, JWCH SA is considering contacting all institutions dealing with legal protection, whose competences include ensuring compliance with the rule of law and taking the necessary actions aimed at sanctioning violations of the law by public authorities,” says the legal advisor.