Compensation for the developer from the State Treasury

The case was a consequence of the Supreme Administrative Court setting aside – as a result of a cassation complaint prepared by the Law Firm – the decision of the Chief Inspector of Building Control and the earlier decision of the Mazowieckie Voivode concerning the declaration of invalidity of the building permit. The building control authorities had declared invalid the building permit issued to our client at a time when the construction had already been completed. Therefore, maintaining the supervisory decision in force would have resulted in the necessity to demolish the completed housing estate, which would have caused significant losses for the client and numerous claims from the developer’s customers. The judgment of the Supreme Administrative Court confirmed that the supervisory authorities had issued an erroneous decision. The judgment was therefore beneficial both for the developer and for the residents of the housing estate.

The law firm subsequently prepared a lawsuit aimed at obtaining compensation from the State Treasury for the losses incurred by the investor in connection with the suspension of the process of completing the sale of the premises. After the lawsuit was filed, the case was referred to mediation.

Concluding the case in the form of a settlement before a mediator allowed the court proceedings to be discontinued already at the first-instance stage, avoiding further dispute and enabling the client to quickly obtain compensation.