Resolution no. 139/12 of the Mazowieckie Voivodship Seym Current until July 2014
We would like to kindly inform you that Kancelaria Adwokacka Adwokat Piotr Stączek handles the so-called airport cases, i.e. for compensation from Mazowiecki Port Lotniczy Warszawa-Modlin sp. z o. o in connection with the establishment of a Restricted Use Area for the Modlin Airport. The deadline for filing lawsuits and appeals for the settlement trial is 10 July 2014.
The limited use area for the Okęcie airport in Warsaw was established by Resolution No. 139/12 of the Masovian Voivodeship Assembly of June 25, 2012 regarding the creation of a limited use area for the Warsaw-Modlin Airport in Nowy Dwór Mazowiecki. The area of limited use covers the entire village of Nowy Modlin and parts of the gminas of Zakroczyn , Nowy Dwór Mazowiecki, and Pomiechówek.
In the whole area of limited use, far-reaching restrictions have been defined as to the scope of real estate use. In the area of limited use, the daily permissible noise level standards for residential buildings and for protected objects can be exceeded – the noise level exceeds 50 dB . Such a high level of noise disturbs the normal functioning of the real estate, and in particular, it may prevent rest in the home gardens, balconies, terraces.
Undoubtedly, the nuisance associated with finding a property in the area of limited use also affects the value of the property. Based on Article. 129 of the Act on Environmental Protection of April 27, 2001, in connection with the restriction on the use of real estate, the owner may claim damages for the damage suffered, the damage also includes a reduction in the value of the property. The loss of property value may range from several to even several dozen percent of its value (it depends on many factors, including the location of the property). It is also possible to demand improvement in soundproofing in apartments, and in some cases even requesting the purchase of real estate. Only until July 10, 2014, persons living in the area of limited use for the Warsaw-Modlin airport may file compensation claims.