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Economic development and population growth have boosted housing construction at the national level, which has naturally led to a number of implications for urban planning and spatial planning. Thus, in addition to buildings built in full compliance with legal provisions in the field of construction, unfortunately too many buildings are identified with exceeding the building permits or, worse, without obtaining such a permit in advance. We show in this sense that according to Law no. 50/1991 on the authorization of the execution of construction works, the legal remedy imposed by the legislator to maintain discipline in this field is, on the one hand, the classification of constructions within the limits of authorizations and, on the other hand, the abolition of illegal constructions. Given that the demolition of a building is an extreme situation, wh
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Given that the demolition of a building is an extreme situation, which has irreparable consequences, one of the problems put into practice concerns the ways in which an individual can request the demolition of an illegally built building. More specifically, how much can an individual intervene in such a field ?! As the judicial practice is divergent in some respects, we further understand to set out two possible types of actions in which the individual whose rights are infringed by the construction of the illegal construction could request its demolition.
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The first option would be to formulate an action in administrative litigation, pursuant to art. 8 of Law no. 554/2004 of the administrative contentious. As a preliminary point, however, we must again distinguish two hypotheses - namely the formulation of an action in administrative litigation for the annulment of an illegally issued permit and the hypothesis of requesting the demolition of a high-rise building without a building permit. The first hypothesis - the cancellation of the illegally issued authorization belonging to another person - is not susceptible to too much discussion regarding the active quality and admissibility. An individual who is not the holder of the permit, for example a neighbor disturbed by the manner in which the building was permitted, could at any time file such an action, of course, if there is an interest and injury. This hypothesis is regulated quite clearly by the norms of Law no. 554/2004, more precisely art. 7 para. (3) of the law, which expressly confers the possibility to attack an individual administrative act addressed to another subject of law.
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