Construction Permit Administrative Proceedings as a Mechanism for Implementing Construction Safety

Abstract

The article reviews one of the most important institutes of construction law – construction permit, and construction safety issues arising within permit issuing administrative proceedings. According to the article construction permit issuing proceeding is considered as basic mechanism and way of ensuring construction safety. There is underlined that permit issuing administrative proceeding is the best stage for achieving construction safety because of its functions and instruments. For this purpose, we discuss functions of administrative proceeding and the problems and characteristics of participation of interested parties in the proceedings. The article also refers to an unsolved problem of qualification of the persons submitting the construction documents and the officers authorized to examine these documents. We provide the best examples of foreign countries herein and offer some ways of solving the problems. Another issue discussed in the article is protection of neighbors’ interests for the purpose of achieving construction safety and the importance of their involvement in administrative proceedings. Also, we argue that accelerated proceedings and formal character of examination of submitted documents are significant threats in the process of issuing a construction permit. Finally, we mention exceptional and simplified permits and the “ugly” practice of their issuance in Georgia which also lead to increasing risks.

We used comparative-law method and analysis and offered concrete recommendations and ways of improving legislation for the purpose of solving the above problem.

We hope the present article will contribute to improving construction safety issue and generally, to the construction law science.