RKKW’s client wins dispute with monument conservator

9 October 2023

RKKW’s client, who is the owner of a modernist villa located in an area entered in the municipal register of historical monuments, intended to undertake investment activities involving reconstruction and a change in its functional use. The decision on the building permit was subject to an agreement with the Mazovian Voivodeship Monument Conservator. It is important to note that in the event of a negative agreement on the building permit decision, the investor could not proceed with the construction work.


The conservator in November 2022 refused to agree on the building permit, inter alia due to the negative impact of the planned development on the prevailing urban order in the protected area. Against the decision of the Mazovian Voivodeship Monument Conservator, the Client filed a complaint to the Minister of Culture and National Heritage, and in March 2023 the Minister revoked the decision of the first-instance authority in its entirety and referred the case for reconsideration, pointing out, i.a., that analogous investments had been carried out in the past in relation to the facilities neighbouring the Client’s building.


During the reconsideration of the case by the authority, the client’s attorney raised a number of arguments, which were accepted by the MVMC, paving the way for a positive outcome of the case. The client was only required to make minor changes to the architectural and building design and thus, in July 2023, the MVMC agreed on the building permit, consenting to the vast majority of the client’s originally planned investment activities. The favourable decision for the client to agree on the building permit for the investment, obtained thanks to RKKW’s actions, opened the way for the client to take further actions within the investment and construction process, culminating in the obtaining of a final decision on the building permit.


During the proceedings before the monument protection authorities, the client was represented by attorney-at-law Adrian Sypnicki, PhD – Senior Associate, assisted by Augustyn Żurawski – Legal Trainee.

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