1. The subject of the dispute is the appeal of the decision of the Rivne City Council to cancel the building permit for the development of a land plot, issued by the Department of Urban Planning and Architecture.
2. The Supreme Court upheld the decision of the appellate court, noting that local self-government bodies have the right to cancel acts of their executive bodies, especially if these acts contradict the law. The court also emphasized that the building permit does not expire after the registration of the notice of the commencement of construction works, but remains valid until the completion of construction. An important argument was that the plaintiff, having obtained a building permit for an individual residential building, actually intended to build an apartment building together with the owner of the adjacent plot, which is a violation of building codes and the intended purpose of the land. The court took into account that a block-type residential building is an apartment building and cannot be built on the basis of a building permit issued for individual construction. The Supreme Court also rejected the plaintiff’s reference to the conclusions of the expert examination, as they were made without taking into account all existing buildings and structures on the adjacent plot.
3. The Supreme Court dismissed the cassation appeal and upheld the decision of the appellate court, confirming the legality of the Rivne City Council’s decision to cancel the building permit.
