Zoning and planning law is the branch of administrative law covering land use, building conditions and planning procedures. We handle annulment of zoning plans, objections to demolition orders, expropriation and de facto expropriation claims.
Zoning and planning law is the field of public law that determines how land may be used and what may be built on it. Because most acts are administrative in nature, annulment proceedings are brought before the administrative courts and within short time limits. Where no objection was made to a plan while it was on public display, it is usually not possible to challenge it later.
Objections to and Annulment of Zoning Plans
When master and implementation zoning plans go on public display, objecting to the authority within the display period; and if the objection is refused or left unanswered, bringing annulment proceedings before the administrative court. Whether the plan amendment serves the public interest and complies with the principles of town planning lies at the heart of that action.
Demolition Orders and Planning Fines
Annulment proceedings against demolition orders made under Article 32 of the Zoning Act No. 3194 and administrative fines imposed under Article 42. The nature of the breach of permit, whether the breach can be remedied and errors in the calculation of the fine are all assessed.
Expropriation and De Facto Expropriation
Determination of Compensation
Representing the owner in the compensation and registration proceedings brought by the authority; establishing the true value of the property through expert evidence.
De Facto Expropriation
A claim for compensation where the authority has physically taken the property without carrying out a proper expropriation; and where a zoning plan has allocated the property to public use but no expropriation has followed for a long time, a claim for compensation for legal (constructive) taking.
Permits and Building Procedures
Proceedings against the refusal of building permit and occupancy permit applications; objections to the revocation of a permit.