Occupancy license is the official document showing that a completed building is ready for use. In order to obtain this certificate, the building must be constructed in accordance with the relevant legislation and must have passed the necessary controls. In some cases, the application for an occupancy license may be rejected. In this case, building owners have the opportunity to object and file a lawsuit using their legal rights.
Reasons for Rejection of Settlement License Request:
The building is against the zoning plan
Failure to construct the building in accordance with the static projects
The building does not comply with fire regulations
The building does not comply with environmental legislation
Application of the building with missing or incorrect documents
Failure to pay the required fees and charges for the building
Objection to Rejection of Settlement License Request:
If the occupancy license request is rejected, the building owner may submit a petition of objection to the relevant administration within 15 days. The petition must include the reasons for the rejection decision and the building owner’s defenses against these reasons. The administration has the authority to review the objection petition and make changes to the rejection decision or reject the decision.
Case for Rejection of Settlement License Request:
If the rejection decision made by the administration becomes final or if the building owner’s objection petition is not answered, the building owner can file a lawsuit in the administrative court within 60 days. The petition must include the unlawfulness of the rejection decision and the reasons why it should be annulled. The court may review the case and decide to cancel the rejection decision, partially cancel the rejection decision, or keep the rejection decision as it is.
Litigation Process:
Cases filed upon rejection of the settlement license request are heard in the administrative judiciary. The litigation process usually takes several years. During this process, the court may perform operations such as expert examination, hearing witnesses and discovery.
Lawyer Assistance:
Rejection of a occupancy license request and litigation is a complex legal issue. Therefore, building owners are advised to seek legal assistance from a lawyer to protect their rights. Lawyers can guide their clients at every stage of the litigation process and take the necessary steps to protect their rights.
