The primary purpose of this Newsflash is to reflect the most important new regulations and changes in the national legislation related to real estate:
Law No XI-993 as of 2 July 2010 Amending Article 4.103 of the Civil Code of the Republic of Lithuania.
Published in Valstybės Žinios (Official Gazette) No 84-4402 of 15 July 2010, will enter into force on 1 January 2011.
The Law amended Article 4.103 of the Civil Code and:
Revised a title of the Article Civil Legal Consequences of Construction in Breach of the Requirements of Legal Acts;
Established that in case a structure (its part) has been built or is being built without authorisation or with authorisation but in breach of the decisions of the structure design documentation or the requirements of legal acts, the use or disposal (sale, giving as a gift, lease, etc.) of such structure (its part) shall be prohibited;
Established that laws shall define the features of a structure (its part), which has been built or is still being built without authorisation;
Provided for the court to solve the issue of elimination of the consequences of construction, which is in breach of the requirements of legal acts, under the procedure established by laws.
Law No XI-995 as of 2 July 2010 Amending Articles 2, 10, 22, 25, 28, 32, 34, 35, 36 of the Law on Territorial Planning of the Republic of Lithuania and Invalidating Article 29 Thereof.
Published in Valstybės Žinios (Official Gazette) No 84-4404 of 15 July 2010, will enter into force on 10 October January 2010.
The Law, amongst other things:
Revised that detailed plans shall not be prepared: i) in case a permit to build a new structure or a permit to reconstruct a structure are not needed for the planned construction of structures and the use type of the territory provided for in the territorial planning documents is not changed; ii) in case of building structures in the territories of amateurish garden following the provisions of the Law on Gardeners Societies of the Republic of Lithuania;
Established the right of the planning organiser to apply to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment, which shall draw up reports on administrative law violations against the persons responsible for the issue of planning conditions or a digest of planning conditions and shall send these reports to the court if planning conditions or their digest has not been issued during the established term and the planning organiser has not been informed about the reasons of refusal to issue these documents;
Revised that during the territorial planning process (until the territorial planning documentation is approved) the entity, which illegally made an administrative decision or an illegal administrative decision on approval of the territorial planning documentation before issuing a document permitting construction, shall invalidate such a decision pursuant to the administrative procedure, or such decisions may be withdrawn by the court in case they are not invalidated pursuant to the administrative procedure. An illegally taken administrative decision on approval of the territorial planning document, after issuing a document permitting construction, shall be withdrawn by the court;
Approved a list of entities, which may apply to the court with regard to withdrawal of illegally taken administrate decision;
Provided that general procedures for the state supervision of territorial planning shall be establish by law;
Revised that the institution executing state supervision of territorial planning shall investigate complaints and notifications of the administrative decision, related to the territorial planning, taken by the public administration subject only within one year after such administrative decision was made.