Zoning Law No. 3194 regulates construction. An action for annulment can be filed in the administrative court within 60 days against the granted zoning license.
Possible Plaintiffs
- Neighboring property owners
- People living on the same street
- Those who have interests within the municipality borders
- Environmental associations
Reasons for Cancellation
- Zoning plan non-compliance
- Failure to comply with the plan change procedure
- Building inspection reports are missing/incorrect
- Quality that will harm the environment
- Impact on the historical/protected area
- Contrary to the elements of authority, form, reason, subject, purpose
Stay of Execution
Since the construction will continue, the request for stay of execution is critical. If the court suspends the execution, the construction will stop temporarily.
Process
- Suit within 60 days after the license is learned
- Administrative court
- Expert (architect, engineer, urban planner)
- Decision
- Regional administrative court (appeal)
- Council of State (appeal)
Council of State 6th Chamber
6. The Department accepts that "neighborhood right" is interpreted broadly in planning license cancellation cases, and that people living in the same area, even if it is not a direct adjacent parcel, have the right to sue.
Administrative and real estate law lawyer is recommended.