LEGITIMATE EXPECTATIONS IN SPATIAL PLANNING AND BUILDING

The principle of the legality of administration is valid today in its strict or narrow form. Therefore, the administrative bodies are obliged to act in a way determined by the law and by-laws. When it comes to the point when certain change in legislation is necessary, such as situations when an old regulation (spatial plan) is put out of force, one should bear in mind that there is a possibility that new legislation is less favourable for some citizens. In other words, it can be said that the affected party, as a consequence, may suffer certain damage. Due to such situations, the principle of legitimate expectations has developed and is widely recognized in the European countries. The principle of legitimate expectations is often linked to the principle of legal certainty. Both principles, and the principle of acquired rights of the parties are recognized in the practice of the Court of the European Union, the practice of the European Court of Human Rights, and the practice of the Constitutional Court of the Republic of Croatia. Hence, in situations of amending legislation, local governments should take into the account the protection of legitimate expectations based on valid regulations. The aim of the paper is to research possible basis for the principle of legitimate expectations in spatial planning and building. The second aim of the paper is to research if there is a possibility for compensation if a lawful general act (spatial plan) is revoked or repealed. The aim of the paper is also to detect European countries which apply planning compensation