[[govtget]]

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If the situation of a building in respect of which demolition is sought does not fall within any of the exceptional circumstances mentioned, the protection of property rights is naturally required, with priority over the private interest of a potential claimant who claims demolition as a remedy for the damage suffered building construction.



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First of all, one of the generally applicable principles which becomes incidental in a situation such as the one mentioned above is that of the economic overriding legality, and which justifies the maintenance of the construction, except in situations of particular gravity. The European Court of Human Rights has also ruled in this regard in multiple cases, for example Antonetto v. Italy, Ivanova and Cherkezov v. Bulgaria, Allard v. Sweden and others. Secondly, another principle applicable to situations where the demolition of a building is requested, although the issue of irremediable issues cannot be raised, is the principle of legal certainty.


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For example, if the owner built the building on the basis of a building permit which was subsequently overturned by a court, it can no doubt be held that he had at least a legitimate hope that that construction was legal. This is all the more so as the public authorities have issued the building permit and, most likely, the work has been executed in accordance with it, received, tabulated and so on. In such a context, the person who built the building undoubtedly enjoys the property right, which is guaranteed by art. 44 of the Romanian Constitution, as well as art. 1 of the Additional Protocol I to Conv.EDO In that regard, in Hamer v. Belgium, the Court held that a longer period of time during which the construction existed before a legitimate hope that he can enjoy that good.


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