Favorable decision of the District Building Inspector
Thanks to the law firm’s actions, the real estate investor we represented obtained a favorable decision from the District Building Inspector to discontinue the proceedings.
The firm represents clients in numerous administrative cases initiated by the District Building Inspectorate (PINB) in connection with the rental of rooms in residential units.
In the case of adaptation of residential premises by clients for long-term rental of individual rooms by dividing existing rooms into additional rooms, construction supervision authorities throughout Poland initiate and conduct administrative proceedings on the change of use of the premises, indicating that due to the work done, the premises have been transformed into a collective residence facility (hostel), which involves the need to adapt the premises to the standards provided for such facilities (for example, in terms of fire protection).
More than once, the authority in the course of proceedings in such a case issues a decision to halt the previous use of the premises, and ultimately a decision ordering the restoration of the premises to their previous condition, which
in the case of contracts with tenants or long-term rental business is a significant inconvenience.
Since the jurisprudence of administrative courts on the issue of changing the use of premises as a result of its division into additional rooms is not uniform, it is important to present relevant arguments to the authority, and in the event of an unfavorable decision for a party, its timely appeal to a higher authority or to an administrative court.
In one of the cases – as a result of the arguments pointed out by the firm – the building supervisory authority overruled the decision ordering the client to demolish newly constructed partition walls separating rooms and an apartment annex in the premises, and then discontinued the proceedings on the change of use of the premises in a multi-family residential building as pointless.