Investment and construction process 2200-4K02

The course provides a comprehensive introduction to the administrative-law aspects of the investment and construction process. During the lectures, students will acquire both theoretical knowledge concerning the institutions of construction law and practical skills related to the analysis and application of legal provisions governing the investment process.

The classes will enable students to understand the relationship between the protection of the public interest and the rights of individuals within the investment process, while also demonstrating the significance of construction law for the functioning of contemporary public administration and the economy.

The lectures are intended to prepare students for the conscious and responsible application of construction law both in professional practice and in further academic research devoted to administrative law and the investment and construction process.

The course is devoted to a comprehensive analysis of the administrative-law aspects of the investment and construction process, which constitutes one of the most complex and practically significant areas of activity of public administration. The issues related to the investment and construction process remain one of the key subjects of substantive and procedural administrative law, as they concern not only the protection of spatial order, public safety, and the public interest, but also the implementation of constitutionally protected individual rights, including property rights, freedom of economic activity, and the right to use real property.

The aim of the lectures is to present the entirety of the investment and construction process – from the stage of investment planning and determination of land use, through procedures related to the preparation and execution of construction works, to the commissioning of a building structure for use and the supervision of its operation. During the course, both the fundamental institutions of construction law and their practical functioning within the activities of architectural and construction administration authorities and construction supervision authorities will be discussed.

The lectures combine a doctrinal, practical, and problem-oriented approach. They include an analysis of the provisions of the Construction Law Act, the Act on Spatial Planning and Development, the Code of Administrative Procedure, and selected specific regulations concerning the investment process. Particular importance will also be attached to the jurisprudence of administrative courts, which significantly shapes the contemporary understanding of the concepts and institutions of construction law.

Within the framework of the course, issues concerning the principles governing the investment process, the legal status of the investor, owners of neighboring properties, and other participants in the construction process, as well as the competences of public administration authorities competent in construction matters, will be discussed. The course will also analyze mechanisms for supervising the legality of construction works, measures aimed at combating unauthorized construction, and legalization procedures.

An important element of the course will be the presentation of the relationship between construction law and other branches of administrative law, in particular environmental protection law, spatial planning law, heritage protection law, water law, and regulations concerning the protection of human health and safety.