Unauthorised Construction – How to Legalise It and Avoid the Consequences

What are the consequences of unauthorised construction?

When unauthorised construction is identified, the building supervision authority issues a decision to halt construction. This applies both to projects still underway and to buildings that have already been completed.

Legalising unauthorised construction – when is it possible?

Although unauthorised construction is a serious breach of building law, in certain cases legalisation is possible. This procedure takes place in several stages:

Submitting a legalisation application

The investor, owner or manager of the building must, within 30 days of receiving the decision to halt construction, submit a legalisation application declaring their intent to regularise the legal status of the building.

Submitting the required documentation

Depending on the type of project, the building supervision authority imposes an obligation to submit the relevant documents within a period of no less than 60 days. The required documentation may include:

• A technical design (2 copies),
• A certificate from the head of the commune, mayor or city president confirming that the project complies with the local zoning plan or the development conditions decision,
• A statement of the right to use the property for construction purposes,
• A site development plan,
• Other documents, in accordance with Article 33(2)(1), (2) and (4) of the Construction Law.

Paying the legalisation fee

If the submitted documents are complete and correct, the authority sets the amount of the legalisation fee. Once it is paid, the building can be legalised. For construction requiring a permit, the investor must additionally obtain a decision granting permission for use.

What happens if unauthorised construction is not legalised?

If the investor does not take legalisation steps within the set deadlines, the building supervision authority issues a demolition order for the whole building or part of it. Demolition at the investor’s expense then becomes an unavoidable consequence of the unauthorised construction.

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