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The Supreme Administrative Court stated further in the statement of reasons that “on the basis of the collected evidence, the court of first instance, like the authorities of both instances, correctly assumed that the plaintiffs were not using the rooms located on the upper floor of the building as residential premises. They were being used for letting on an occasional basis to employees of construction crews. For this reason, the conditions of washing and cleaning facilities in the building should be evaluated in the manner appropriate for collective residential buildings”. The above amounted in practice to a change in the way the structure was used, and this was stated further: “Thus contrary to the statement of reasons for the cassation appeal, the court of first instance stated clearly that the commencing by the investors of hotel activity in their building was a change to the washing and cleaning conditions in the building. The authority of second instance noted in this regard that the letting of rooms to third parties had implications for fire safety conditions, and this is stated in art. 71 section 1(2) of the Construction Law”.
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