Can I legally execute the Arbitrary Building Demolition Protocols?
A question that does not find a clear answer is going to be thoroughly examined in today's article.
This arbitrary demolition protocol constitutes an adverse administrative act for the arbitrarily erected.
A condition for its issuance in the respective circumstances is the previous finding of arbitrary construction.
As long as the protocol becomes irrevocable, i.e. when there is no objection at the administrative level against it by the owner, then the demolition of the arbitrary building follows.
Depending on the position of the arbitrator, the relevant legislation also applies, e.g. if the arbitrary is on the seashore or in the woods.
The demolition, however, i.e. the execution of the content of the protocol constitutes a material action of the Administration, which, as is known, is NOT subject to judicial annulment.
Therefore, the best solution that remains in these cases and in accordance with the conditions of articles 105-6 EISNAK is to sue the State for the non-execution of the arbitrary demolition protocols, by the affected neighbors or residents, if they have suffered damage.
And this seems logical, at the moment funds are needed for the implementation of the demolition, which the administrative bodies often claim are absent. Even if the required funds are available from the interested party, the administrative actions required are numerous and require specific legal treatment for the correct and appropriate execution of the irreversible demolition protocol.