Summary

As a rule, the owner of immovables is required to permit the erection of utility networks and works on its property. On the one hand, utility works may be necessary for the transmission of vital services (such as electricity, heating and water) to a large number of people. On the other hand, the construction of utility works on immovables restricts the owner’s freedom to possess and use its property as he or she pleases. The author examines the nature of and preconditions for such restrictions and the persons in whose favour they are established. In addition, the author looks at the conformity of restrictions on immovables arising from utility works with the constitutional principles. The author also focuses on the obligation to tolerate utility networks in the context of protecting ownership as one of the fundamental rights and provides an evaluation of whether the amendments introduced by the legislator are in conformity with the principle of legal certainty.