Legalisation – Practical Questions on the Application of the Legal Framework for Urbanisation and Building

Abstract

According to the Legal Framework for Urbanisation and Building, there is no legalisation procedure. However, the experience of municipalities and courts suggests otherwise — legalisation exists and is frequently used. The legal framework governing building works is based on the presumption that applicants request construction permits before carrying out the works. Yet, when the works have already been completed and applicants subsequently request legalisation, the procedure for obtaining the construction permit raises doubts and leads to inconsistencies. This article therefore seeks to identify the conflicts arising from this situation and to consider possible adaptations to regular procedures.