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Order cabinets will disappear from Poland because they break the law of construction?
The portal law.pl writes about the case of order machines. This is to report to the supervisory inspector of the building about the legality of one of the order machines in the Lodz region. As a result of requests sent by several inquisitive residents, the Provincial Administrative Court in Łódź ruled that:
- the order machine is a building within the meaning of the provisions of the Construction Act,
- is subject to the regulations of the law of construction,
- In this particular case, it requires a decision on the building permit.
The "construction", on the other hand, was interrupted, because there was no official license, according to the local space development plan.
Law of machines and construction of orders. Is the law outdated?
This court verdict is a major disappointment to the owners of order machines, and the company filed an appeal to the Supreme Administrative Court. According to InPost, it is difficult to call a parcel machine a construction object when it is:
technical device,
an electronic filing cabinet designed to receive and send orders.
In this case, it is difficult not to be impressed by the fact that the law does not keep up with the changing reality.
There must be indications of some level of generality, but on the other hand, it is clear enough that there would be no problems with the classification of facilities such as the kiosk, the order machine or the ATM. It is worth considering a criterion of volume or size of such an object – says Przemysław Dziąg, Legal Adviser of the Polish Developers Association on law.pl.
If the construction procedures have to be started in the case of the installation of each order machine, this process will definitely be extended and will incur additional costs. All this will prevent the development of the network of ordering machines at the same time.
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