The binding character of the territorial decision also for a new plot owner

The territorial decision is according to the provision 77 Subsec. 1 of Building Act: decision about placement of building, about the territory usage, about change of influence in the usage of the building on the territory, about splitting or rounding off landed property or about protection zone.

In case, that the buyer got the plot after that the territorial decision in favor of a previous plot owner was issued, is this territorial decision binding also for a new plot owner. If the new plot owner applies for e.g. an issue of building permit, a building authority should not prove to whom was the territorial decision issued, but if the application about building permit is in accordance with this issued territorial decision.  In fact it does not always happen, because the building authorities claim by the provision § 67 Subsec. 1 Administration Code, that by the decision the administrative authority creates, changes or abolishes rights or duties of named person or in concrete matter declares, that such a person has or has not rights or duties. As the consequence the building authority requires the submission of agreement between a new plot owner and a previous applier or even, that a new plot owner should require issuing of his own territorial decision.

According to the decision of Supreme administrative court No. 1 As 73/2011-316, as of 15.02.2012 is the territorial decision connected with a plot, to which it was issued (so called administrative decision in rem), and together with transfer of right of ownership to the plot passes to its acquirer. The request of building authority about submission of the agreement or appeal to the repeated filing of application for issuing of territorial decision is in this case completely unjustified.