CONSTRUCTION LAW

21.05.2021. Decision on Ancillary Complaint of the Department of Administrative Cases, case No SKA-932/2021 Consideration of disputes regarding construction products used in the construction process; Purpose and application of the Law on Submissions

22.02.2021. Decision on Ancillary Complaint of the Department of Administrative Cases, case No SKA-771/2021 Appeal of construction permission for engineering structures

27.04.2021. Judgment of the Department of Administrative Cases, case No SKA-724/2021 Rights of the owner of a building to carry out new construction in compulsory shared property

01.03.2021. Decision on Ancillary Complaint of the Department of Administrative Cases, case No SKA-645/2021 Participation rights of public and rights of the public to submit an application to court related to the spatial development planning; The need for the development of detailed plan to rearrange infrastructure of the construction plan; Conclusion on need for a public consultation and detailed plan at the admissibility stage of the application to the court

08.04.2021. Judgment of the Department of Administrative Cases, case No SKA-586/2021 Meaning of the principle of sustainability in spatial development planning; Compliance with principle of mutual coherence and compliance with the objectives of the spatial planning in issuance process of the building permit

08.04.2021. Judgment of the Department of Administrative Cases, case No SKA-586/2021 Meaning of the principle of sustainability in spatial development planning; Compliance with principle of mutual coherence and compliance with the objectives of the spatial planning in issuance process of the building permit

30.03.2021. Judgment of the Department of Administrative Cases, case No SKA-478/2021 Permission to access construction projects for research purposes without having a license or license agreement

31.03.2021. Judgment of the Department of Administrative Cases, case No SKA-402/2021 Determination of prohibition on exploitation of a potentially unsafe building

07.04.2020. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-856/2020 Questions related to accessibility of buildings (appropriate access)

04.11.2020. Judgment of the Department of Administrative Cases, case No SKA-412/2020 Concept of „public outdoor space”

30.09.2020. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-411/2020 Repeated statement of the building inspector on illegal construction

27.11.2020. Judgment of the Department of Administrative Cases, case No SKA-331/2020 Admissibility of construction in the protection zone of coastal dunes; assessment of the legality of old buildings

28.09.2020. Judgment of the Department of Administrative Cases, case No SKA-313/2020 Action of the court in establishing that the applicable legal norm does not comply with a legal norm higher in the hierarchy of norms; Interaction between a territorial plan and detailed plan

26.11.2020. Judgment of the Department of Administrative Cases, case No SKA-309/2020 Requirements to be considered for placement of a construction for temporary use (kiosk) in the historic center of Riga

26.10.2020. Judgment of the Department of Administrative Cases, case No SKA-287/2020 Consent of the co-owner or owner of the apartment to the construction should not be revoked later just because the co-owner or the owner of the apartment has changed his mind and no longer wants to implement the project

29.05.2020. Judgment of the Department of Administrative Cases, case No SKA-257/2020 Assessment in court of the preconditions for obtaining building permission

05.11.2020. Judgment of the Department of Administrative Cases, case No SKA-207/2020 Requirement for the development of a detailed plan in case of building reconstruction

09.07.2020. Judgment of the Department of Administrative Cases, case No SKA-205/2020 Obligation of the apartment owner to obtain the consent of the other co-owners for construction work in the apartment, if the planned construction affects the amount of the other co-owners alleged parts

31.03.2020. Judgment of the Department of Administrative Cases, case No SKA-149/2020 Responsible person for providing access to an object of electrical network

31.01.2020. Judgment of the Department of Administrative Cases, case No SKA-144/2020 Interpretation of the term „fire protection system”

28.04.2020. Judgment of the Department of Administrative Cases, case No SKA-103/2020 Registration of the owner of a building in the State Information System of Real Property Cadaster; Registration of a building in the State Information System of Real Property Cadaster

28.04.2020. Judgment of the Department of Administrative Cases, case No SKA-103/2020 Registration of the owner of a building in the State Information System of Real Property Cadaster; Registration of a building in the State Information System of Real Property Cadaster

28.05.2020. Judgment of the Department of Administrative Cases, case No SKA-77/2020 Compliance in the case of a new construction with the restrictions arising from the exploitation protection zone of the water and sewerage network

06.08.2019. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1445/2019 Making changes in the construction plan at the Building Board

30.12.2019. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1233/2019 Right of the apartment owner to appeal against the decision of the community of apartment owners regarding the prevention of the consequences of arbitrary construction

15.02.2019. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-922/2019 Right of persons to request establishment of the dangerousness (hazard) of a building

06.08.2019. Judgment of the Department of Administrative Cases, case No SKA-664/2019 Involvement of the State Environmental Service in the process of legalization of an unauthorised construction

10.10.2019. Assignment Hearing Decision of the Department of Administrative Cases, case No SKA-366/2019 Procedures for reviewing the decision on the consequences of arbitrary construction; Competent authority to decide on the prohibition of the use of a building or separate rooms and to impose an obligation to restore the previous condition

10.10.2019. Assignment Hearing Decision of the Department of Administrative Cases, case No SKA-366/2019 Procedures for reviewing the decision on the consequences of arbitrary construction; Competent authority to decide on the prohibition of the use of a building or separate rooms and to impose an obligation to restore the previous condition

26.04.2019. Judgment of the Department of Administrative Cases, case No SKA-262/2019 Prevention of arbitrary construction is primarily responsibility of the owner; Principle of the rule of law and principle of justification by legal framework

28.02.2019. Judgment of the Department of Administrative Cases, case No SKA-254/2019 Co-owner’s consent for construction provided in a separate document

18.12.2019. Judgment of the Department of Administrative Cases, case No SKA-249/2019 Use of the right of the person to take action against probably arbitrary construction in accordance with the administrative procedure

28.10.2019. Judgment of the Department of Administrative Cases, case No SKA-222/2019 Derogation from the obligation provided for in the establishment of protection zones of communication networks to coordinate works with the owner or legal possessor of real estate; Grounds for refining the claim from revocation of an fulfilled administrative act to the claim for recognition of an administrative act as illegal

29.05.2019. Judgment of the Department of Administrative Cases, case No SKA-214/2019 Motivation indicated in administrative act; Determination of a arbitrary construction

16.09.2019. Judgment of the Department of Administrative Cases, case No SKA-201/2019 Responsible person for the prevention of arbitrary construction in joint ownership

18.10.2019. Judgment of the Department of Administrative Cases, case No SKA-82/2019 Spatial planning; Responsibility of the Authority to protect the interests associated with the spatial planning process in the process of issuing a construction permit

30.09.2019. Judgment of the Department of Administrative Cases, case No SKA-67/2019 Construction works in joint ownership as absolute necessity requires without consent of other joint owners

18.10.2019. Judgment of the Department of Administrative Cases, case No SKA-65/2019 Conditions to be assessed in case of extension of the construction permit

23.09.2019. Judgment of the Department of Administrative Cases, case No SKA-59/2019 Imposition of the obligation to rectify the unauthorized construction to the person as owner of the building

05.06.2019. Judgment of the Department of Administrative Cases, case No SKA-30/2019 Consent for construction in case of change of co-owner (joint ownership)

12.07.2019. Judgment of the Department of Administrative Cases, case No SKA-9/2019 Limits of inspection of the decision on the commissioning of a building

13.07.2018. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1281/2018 Right to be an author supervisor

26.01.2018. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-757/2018 Public participation rights and submission of an application to provide protection of environmental interests

11.01.2018. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-755/2018 The subjective right of the joint owner to object against construction work in property

26.06.2018. Assignment Hearing Decision of the Department of Administrative Cases, case No SKA-631/2018 Assent of the community of apartment owners is not necessary for the demolition of an unauthorized built building

20.12.2018. Judgment of the Department of Administrative Cases, case No SKA-506/2018 Reason for declaring of the construction permit to be in the breach of law if planned use of the construction is not in conformity with the use envisaged in the construction permit

21.12.2018. Judgment of the Department of Administrative Cases, case No SKA-261/2018 Assessment of legitimate expectations in deciding on the right to rebuild building that have burnt down in the protection zone

17.04.2018. Judgment of the Department of Administrative Cases, case No SKA-173/2018 The right to complete a detailed plan if the spatial plan has been changed during its development

09.01.2018. Judgment of the Department of Administrative Cases, case No SKA-77/2018 Detailed plan must comply with the Rules of the spatial plan

25.05.2018. Judgment of the Department of Administrative Cases, case No SKA-29/2018 Restrictions on construction work in joint ownership

30.01.2018. Judgment of the Department of Administrative Cases, case No SKA-22/2018 Interaction of the legality of the intermediate decision with the administrative act

22.12.2017. Decision on Ancillary Complain of the Department of Administrative Cases, case No SKA-1488/2017 Legal nature of the building inspector’s conclusion about an unauthorized construction of a building

21.12.2017. Judgment of the Department of Administrative Cases, case No SKA-1104/2017 The purpose and substance of author supervision

08.06.2017. Decision of the Department of Administrative Cases, case No SKA-958/2017 Admissibility of an application of construction license which includes revocation of the note on design conditions

19.12.2017. Judgment of the Department of Administrative Cases, case No SKA-330/2017 General responsibilities of the builder during construction

27.12.2017. Judgment of the Department of Administrative Cases, case No SKA-101/2017 Status of buildings which has not been included in building project, if decision of putting a building into operation has been adopted

19.07.2016. Decision of the Department of Administrative Cases, case No SKA-1056/2016  Interpretation of sections 18  and 21 of the Construction Law

20.09.2016. Judgement of the Department of Administrative Cases, case No SKA-943/2016  The need for Cabinet order in case of establishment of park or forest park in the forest lands in the coastal dune protection zone; evaluation of admissibility of appeal in the case of infringement of the laws and regulations regarding the environment

03.05.2016. Decision of the Department of Administrative Cases, case No  SKA-849/2016 Obligation of a municipality to put a dangerous building straight or to pull it down

25.10.2016. Decision of the Department of Administrative Cases, case No SKA-824/2016 Subjective right of a private person to be heard by a court; an interference in cases concerning environment and construction

12.12.2016. Judgement of the Department of Administrative Cases, case No SKA-354/2016 The competence of the building authority to inspect movable constructions

14.03.2016. Decision of the Department of Administrative Cases, case No SKA-348/2016 Jurisdiction of a dispute on violation of individual’s right caused during the state road construction process

31.03.2016. Judgment of the Department of Administrative Cases, case No SKA-155/2016 Pre-conditions for the restoration of the previous condition in the case of unauthorised construction

02.02.2016. Judgement of the Department of Administrative Cases, Case No SKA-8/2016 Necessity of construction permit for acceptance of a building in use;  procedural terms, to turn against arbitrary construction; settlement in dispute on legalization of arbitrary building

14.10.2015. Judgement of the Department of Administrative Cases, case No SKA-194/2015 Amount of control in case of construction of internal engineering networks

29.04.2015. Judgement of the Department of Administrative Cases, case No. SKA-77/2015 Application of principle of legal certainty, when deciding on prolongation of the construction permit

05.03.2015. Judgement of the Department of Administrative Cases, case No. SKA-22/2015 Authority of the Cabinet of Ministers, when deciding on construction in the protective zone of coastal dunes in the Gulf of Riga

04.04.2014. Judgement of the Department of Administrative Cases, case No SKA-164/2014 Necessity for concord of the owner of a plot to renovate buildings in case divided ownership is established

18.07.2014. Judgement of the Department of Administrative Cases, case No SKA-102/2014 Circumstances to be assessed in the court, when deciding on elimination of property transformation caused in construction process

30.07.2013. Judgement of the Department of Administrative Cases of the Senate, case No SKA-351/2013 Admissibility of distribution of a plot located in historical centre of Riga city

26.04.2013. Judgement of the Department of Administrative Cases of the Senate, case No SKA-123/2013 Competence of a court to decide on elimination of building effects

02.04.2013. Judgement and ancillary decision of the Department of Administrative Cases of the Senate, case No SKA-121/2013 Right of the municipality to restrict choice of heat supply method

20.12.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-656/2012 Right of a single flat proprietor to switch off from the building heating system 

15.05.2012. Decision of the Department of Administrative Cases of the Senate, case No SKA-543/2012 Legal character of institutional decision on procedural issue; amount of verification in case of prolongation of term of building licence

01.11.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-532/2012 Considerations, when assessing necessity of development of minute planning 

17.02.2012. Decision of the Department of Administrative Cases of the Senate, case No SKA-301/2012 Legal character of planning and architecture task; compensation of losses in case of cancellation of intermediary decision equated to an administrative act

27.11.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-247/2012 Application of standards of regulations on Riga city construction, which determine distance between houses

10.04.2012. Judgement of the Department of Administrative Cases of the Senate, case No SKA-59/2012 Requirements to be included in planning and architecture task

25.02.2011. Judgement of the Department of Administrative Cases of the Senate, case No SKA-56/2011 Prerequisites of delivery of planning and architectural assignment

24.05.2011. Judgement of the Department of Administrative Cases of the Senate, case No SKA-47/2011 Content of plot limitation – red lines; specific rights of a power supply trader 

06.01.2011. Judgement of the Department of Administrative Cases of the Senate, case No SKA-32/2011 Legal character of decisions about permissions to build up plot rented, adopted by municipality

23.12.2010. Decision of the Department of Administrative Cases of the Senate, case No SKA-1064/2010 Goals of performance of environmental impact assessment procedure and procedure of initial assessment of activity envisaged and substantiation of a statement; powers of institutions in case of building

20.12.2010. Judgement of the Department of Administrative Cases of the Senate, case No SKA-772/2010 Establishment of a status of a building; generally binding character of a building procedure; establishment of a status of an apartment to premises

11.06.2010. Judgement of the Department of Administrative Cases of the Senate, case No SKA-390/2010 Municipal institutions authorised to decide on issues related to building

18.12.2009. Decision of the Department of Administrative Cases of the Senate, case No SKA-949/2009 Subjective right of an author supervisor (author of a construction plan) to appeal against acception of a construction object into operation

13.10.2009. Decision of the Department of Administrative Cases of the Senate, case No SKA-624/2009 Control over technical provisions issued in a course of building, which create violation of an individual’s rights and legal interests

30.01.2009. Decision of the Department of Administrative Cases of the Senate, case No SKA-49/2009 Legal character of a technical inventory file

30.06.2008. Judgement of the Department of Administrative Cases of the Senate, case No SKA-190/2008 Terms of building of low-rise dwelling territory in Riga in relation to a height of a building and changes of relief of a plot, as well as distance between a building and neighbouring plot; suspension of building work

27.08.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-495/2007 On instruments of temporary protection – temporary regulation and suspension of action of an administrative act, segregation and application of those; on legal character and action of the building licence and decision of putting a building into operation and on temporary protection in cases, in which building licence is appealed against

22.06.2006. Judgement of the Department of Administrative Cases of the Senate, case No SKA-255/2006 On legal character of a decision of a building committee to agree to projecting of a building; on third parties in construction legal relations; on legal grounds of appealing against building licence issued to another person and prerequisites for necessity of public discussion (“Case of Saburova”)

15.03.2006. Decision of the Department of Administrative Cases of the Senate, case No SKA-123/2006 On legal character of a decision, by which building project is accepted

14.01.2005. Judgement of the Department of Administrative Cases of the Senate, case No SKA-3/2005 Building project approved in correspondent municipal institutions and building licence issued by those do not provide to a builder an absolute right to building, as building licence can be contested and cancelled, especially, if a building project doesn’t comply with building material legal standards; the State Construction Inspection and its construction inspectors, in order to perform construction state control established in the Section 29 of the Construction Law, are authorised to verify not only action of state and municipal officials in field of building, but also to verify, if individuals observe legal standards regulating construction and to claim, so that individuals eliminate violations of these standards 

07.09.2004. Judgement of the Department of Administrative Cases of the Senate, case No SKA-120/2004 On rule of law of freedom of action used by an institution