Arbitrary building autopsy report: objection and its significance
The protection of the owner against an arbitrary "autopsy report" is legally possible and necessary after the issuance of this administrative act. According to the current legislation, the autopsy report includes information about the property (locations, dimensions, etc.), which it concerns exclusively, while it does not concern the owner/tenant, etc.
The question of the realization of arbitrariness is different, e.g. by the owner according the Civil Code (lessee for example).
Also, it is important to emphasize that it is not posted on the wall, but is posted on the electronic system within two days, while on the day of its drafting, an invitation is posted on the wall for interested parties to take notice of it (within 3-7 days) from the competent Local Observatory.
However, its arbitrary wall-sticking is a convenient way of communicating its content to any interested party, in order for him to bring before the competent Committee the prescribed objection, which constitutes an adversarial appeal.
The autopsy report of an arbitrary construction constitutes a valid administrative act, for the reason that it concerns the arbitrary construction and not the respective owner, legal representative, possessor or manufacturer thereof.
Objection (single appeal) against an Autopsy Report
The autopsy report of an arbitrary person is challenged by filing an appeal within an exclusive period of 30 days from its notification. This is submitted to the competent Local Observatory, which forwards it, within 30 days, to the Committee for the Examination of Arbitrary Appeals of the Regional Unit. The latter examines it within a period of 20 days and makes a decision, accepting or rejecting it. However, this obvious appeal is not mandatory and simply if it is not filed, the autopsy report becomes final. It may also include a request to be subject to the relevant copyright laws. An affidavit of acceptance of the autopsy report may also be submitted.
It is important to explicitly emphasize that both the filing and adjudication of the appeal have a suspensory effect.
Judicial protection upon rejection of the appeal against the autopsy report
It is absolutely necessary and it is emphasized after parsimony that the correct drafting of the appeal against the autopsy report is imperative and requires specialized legal assistance. Otherwise, there is the risk of subsequently losing the right to judicial protection, for reasons referred to in the administrative procedure and in the entire conception of the construction of the dispute as an administrative appeal.
After the possible rejection of the appeal against the autopsy report, a judicial procedure and in particular an application to annul the rejection decision is submitted to the Administrative Court of Appeal.