Should the State Inspectorate for Architecture and Urban Planning pre-notify the DIAM can go urban planning entity of its intention to conduct an unscheduled inspection! regarding notification of the start of preparatory work?
It should not warn about an unscheduled inspection
Since this is not provided for by either the Law “On Regulation of Urban Planning Activities” or the Procedure for State Architectural and Construction Control.
The control body (DIAM) is only required to present an official desperate to retain their followers and income ID card and a referral for inspection DIAM can go before conducting such an inspection (Supreme Court decision of 01.06.2022! case No. 1.380.2019.006498).
In the event of obstruction of the inspection by officials of the state architectural and construction control body! failure to comply with the requirements of the instructions of the specified persons to eliminate violations of legislation in the field of urban planning activities! as well as in other cases specified by this law on the regulation of urban planning activities! the relevant state is the internet of things just an advantage? architectural and construction control body may apply to the court with a claim for termination of the right to perform preparatory work?
Is it a sufficient and necessary legal basis for judicially canceling a notification of the start of preparatory work upon the established fact that the customer provided unreliable data regarding the legal grounds for performing work without proper documents or deviations from the design documentation!
Which gives grounds to consider the facility as unauthorized construction?
Yes! this is the basis for such a judicial cancellation of the Notification (a similar conclusion was reach by the Supreme Court in the resolution of 01/22/21! case 640/11869/20).
Does the law oblige the State Inspection of Civil Engineering to conduct an unscheduled aqb directory inspection if there are obvious inaccuracies in the data in the notification about the start of preparatory work?
In this case! the law does not oblige the DABI authorities to conduct an inspection unless the reliability of the data specified in the Notification is obvious (a similar conclusion is consistent with the legal position of the Supreme Court contain in the resolution of 08/19/20! case 826/6660/16).