An illegal-building removal order: what should you check?

A removal order is not defeated merely by showing that the building was bought under a notarial deed. Ownership and construction legality are separate issues. Defence starts with the alleged violation and the building’s history.

The findings report is not the final order

Under Article 225a of the Spatial Development Act, the findings report is served and a seven-day objection period is provided. Permits, approved plans, construction dates and objections to incorrect identification can be presented at that stage. Do not wait for the demolition contractor before searching the archive.

Competence depends on category: Article 225 covers categories one to three, while Article 225a covers four to six. Check also whether the object is a building at all, rather than a movable facility governed by another procedure.

Assess the possible defence

Missing papers in your personal file do not prove that no documents were issued. An older structure may qualify for tolerated status, but age alone is insufficient. A new project or promise of future legalisation does not automatically suspend proceedings.

Challenge the order under the applicable Spatial Development Act procedure and period, and separately assess enforceability and any request for suspension. Failure to remove voluntarily may lead to compulsory removal and recovery of costs from the responsible persons.