LACB - no permission needed

On the 8th of July 2008, the Constitutional Court gave ruling on the lack of compliance of the law from the 11th of May 2007 on the establishment and operation of the Large-area commercial buildings (in Polish wielkopowierzchniowe obiekty handlowe, also referred to as WOH) with the article 2, 20 and 22 of the Constitution of the Republic of Poland.

 

The law evoked many controversies of the legal nature, i.a. since the awarded to the rada gmin (municipal council) and sejmik wójewództwa unlimited freedom to decide on the establishment or lack of establishment of large area commercial buildings. Moreover, there were no executive regulations issued to this law which caused obstacles or made it impossible  to obtain the permission to establish a building of an area exceeding 2000 square meters.

 

The Constitutional Court accepted the motion given by the Spokesman of Civil Rights as to the fact that the law infringes upon the area of freedom of establishment, making the possibility of starting and running commercial activities dependent on the consent of administrative bodies.

 

The Constitutional Court ruled, that the law constituted dispensable „bureaucratic barrier”, since the protection of important for democratic country respecting the rule of law constitutional values is sufficiently secured in the proceedings for obtaining the building permission.

 

The Constitutional Court also questioned the function of the municipal council in the proceedings for establishment the large area commercial buildings. The Court stated that municipal council’s participation in the process of giving the permission to create large area commercial buildings “goes beyond the limits of necessity and indispensability”.

 

All the investors planning to establish in the nearest future large area commercial buildings are satisfied with the decision.
(The law ceases to be binding with the day of ruling publication in the Polish Journal of Laws).