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Property laws updated with respect to obligation to tolerate utility networks and utility works

15.04.2007

On March 26, 2007 several amendments entered into force with respect to the rules concerning the obligation to tolerate utility networks and utility works such as heating, water supply or sewerage systems, telecommunications or power networks, etc (hereinafter utility works) by the owner of an immovable. For example, pursuant to amendments made to the Law of Property Act and the Law of Property Implementation Act the owner of an immovable must inter alia tolerate utility works on his or her immovable and must allow its construction on his or her immovable if such utility works are necessary in the public interest (e.g. construction of power networks so as to provide electricity to consumers, etc). In addition, the regulation was inter alia updated to include the right of the owner of an immovable to demand payment for tolerating utility works retroactively beginning from November 1, 2004 on the condition that a relevant application will be submitted to the owner of utility works latest by July 1, 2010. The application of the updated regulation has already raised several questions among the owners of utility works and it is yet to be seen how it will work in practice.

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