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Buyer Can Withdraw from Municipal Property Purchase If Misled

A Polish court ruling allows property buyers to cancel purchases from municipalities if misled about access to public roads.

Withdrawal Process

In this situation, a written statement should be submitted to the municipality to avoid the effects of the declaration of will. One of the basic conditions for issuing a zoning decision is ensuring access to a public road. This is stipulated in Article 59 of the Spatial Planning and Development Act.

Legal Requirements for Road Access

The Voivodeship Administrative Court in Kraków in a judgment of October 4, 2017 (file no. II SA/Kr 230/17) pointed out that access of the investment site to a public road must exist at the time of issuing the zoning decision. Its absence may pose a serious problem for the investor. The property may simply be useless for them.

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