The Impact of Adopted Decision on Building Conditions on the Compensation for Spatial Planning Damages: Considerations Based on Article 37 (1) and (11) of the Spatial Planning and Development Act

Abstract

The article explains problems with understanding factors shaping the right to compensation for spatial planning damages and its amount, that occurred after the amendment of 1 January 2018. It is indicated whether in the light of the law decision on building conditions affects compensation for spatial damages and how it is perceived in jurisprudence. Due to devaluation of the role of decision on building conditions, the author criticizes contemporary legal solutions and presents possibilities of solving existing problem with regulation.